immigrant2007
08-12 08:10 AM
Guys,
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
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nlssubbu
09-24 01:55 PM
check with your attorney if a birth certificate issued by the consulate is ok
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
rajsand
09-26 12:22 PM
Thanked her, appreciated her and also
requested her to look into our issues and come up with something similar for all of us looking to shroten the route to GC!
requested her to look into our issues and come up with something similar for all of us looking to shroten the route to GC!
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rockstart
03-13 09:44 AM
Has any one working on EAD experienced delays in renewals and how does HR department react to such delay's. Least on H1 it is clear that you can work for 8 months on receipt.
more...
ak27
01-22 06:10 PM
I do not believe anyone has called yet... Please go ahead make calls to sentators. Core memebers were also suggesting that we get in touch with Congressmen/Congresswomen.
nojoke
09-18 11:12 AM
Economy is falling, people are losing jobs, fuel prices are rising, depressing is coming, housing market is going down. Look at the brighter side, if you invest in constructing industry building apartments you can make money now.
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.
Those smart people are not in charge. The people in charge were saying everything is fine and go do shopping
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.
Those smart people are not in charge. The people in charge were saying everything is fine and go do shopping
more...
.soulty
02-23 05:43 PM
well, people seems to have forgotten about this battle...originally the date was 3 weeks after start..
...anyway since grinch aint around, ill make a date based around his original suggestion: say about 2 weeks
10th March
...anyway since grinch aint around, ill make a date based around his original suggestion: say about 2 weeks
10th March
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stucklabor
07-24 12:42 PM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
more...
pcs
11-13 09:08 AM
Guys... little fruits are like ration in a big march. .... that is VISA recapture etc...
Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...
Good leaders do not lead a tired and hungry force...
I have already started sending letters to Napaleto at USCIS...
Guys just send letters with a CUT PASTE of the rule....
Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...
Good leaders do not lead a tired and hungry force...
I have already started sending letters to Napaleto at USCIS...
Guys just send letters with a CUT PASTE of the rule....
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actaccord
02-07 03:58 PM
donate 25000 Hilton points (accumulated for future vacation use but this is more important :-) ) , worth one night stay close to DC (10miles) or two night stay (25 miles from DC). This stay can be shared by 2 or 3 ppls. Also, I can take care of picking you from hotel to DC and back to hotel.
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trueguy
07-03 05:50 PM
Everyone,
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
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CADude
02-21 11:15 AM
Please see my response below.
To interfile, do we need to start the PERM/140 process again for a different EB2 position?
YES
Do we port the date from EB3 to EB2 while we apply for EB2 140?
YES
Is this a straight forward process? What happens if interfiling is denied?
Nothing. Your EB3 case is still pending
To interfile, do we need to start the PERM/140 process again for a different EB2 position?
YES
Do we port the date from EB3 to EB2 while we apply for EB2 140?
YES
Is this a straight forward process? What happens if interfiling is denied?
Nothing. Your EB3 case is still pending
more...
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desi3933
01-31 05:53 PM
In case of a dependant 485 there is no requirement to be paid on EAD.
For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.
____________________
Not a legal advice.
US Citizen of Indian Origin
For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.
____________________
Not a legal advice.
US Citizen of Indian Origin
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pappu
09-10 11:14 AM
I'm not able to figure out how to post a mssg in chat..is it 'coz I'm restricted or something? At the bottom of the page I see my name as logged in members though..I've over 150 posts and 4 dots..not enough for access to chat or is it that I'm not able to figure out how to post mssgs? Appreciate it if someone can explain it to me.
Thank you.
You can post. Just type the messages on the left hand side panel.
Thank you.
You can post. Just type the messages on the left hand side panel.
more...
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rweworld1
07-12 09:07 PM
Thanks for good wishes and congratulations to all who become current.
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
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pcs
11-11 05:45 PM
Pl reply, if you want to join me...
we will plan, find the money and execute it....
we will plan, find the money and execute it....
more...
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singhsa3
02-21 02:08 PM
Can some expert do the following analysis:
a) How many projected EB2+EB3 (yes combined) for India for period 2003 and before, 2004 , 2005, 2006.
a) How many projected EB2+EB3 (yes combined) for ROW for period 2003 and before, 2004 , 2005, 2006.
The reason I am requesting to combine EB2 and EB3 is that it is impossible to know which labor was filled under which category, thus no point in doing that division.
a) How many projected EB2+EB3 (yes combined) for India for period 2003 and before, 2004 , 2005, 2006.
a) How many projected EB2+EB3 (yes combined) for ROW for period 2003 and before, 2004 , 2005, 2006.
The reason I am requesting to combine EB2 and EB3 is that it is impossible to know which labor was filled under which category, thus no point in doing that division.
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anilsal
12-13 12:09 PM
Let's give them some time. It may be a topic that require some research, information-gathering. This is an entirely new strategy we are discussing, no surprise if they don't get back with an immediate answer. I'm sure they are analyzing the idea.
I am sure that the IV core has already explored this option. We need some kind of feedback from them.
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
I am sure that the IV core has already explored this option. We need some kind of feedback from them.
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
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gc_lover
06-30 09:33 PM
my attorney says even if you send it today to be delivered on Monday July 2 USCIS might also reject cases delivered on july 2, if visa bulleten is revised on july 2. does anybody have any idea what USCIS did for others workers category, did they reject cases filed after June 5 or reject from June 5 itself (I believe June 5 was the date when DOS said they retrogressed)
No one knows what will happen on Monday, However, I think you should send out your application. I send my application on Friday and I don't know whats going to happen. I would rather send and wait instead of just waiting without sending. Who knows, I might sneak in huh :)
No one knows what will happen on Monday, However, I think you should send out your application. I send my application on Friday and I don't know whats going to happen. I would rather send and wait instead of just waiting without sending. Who knows, I might sneak in huh :)
nk2006
09-11 12:11 PM
http://seeker.dice.com/olc/thread.jspa?threadID=9965&start=0&tstart=0
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.
EB3_SEP04
05-26 05:31 PM
An officer's duty is to ask for papers. And for just few questions you are upset.
Just think about in the other way.
What if the officer gets upset while you remain silent....
You don't have to post such experience as everybody knows what would happen.
Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
Just think about in the other way.
What if the officer gets upset while you remain silent....
You don't have to post such experience as everybody knows what would happen.
Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
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