joydiptac
07-21 04:02 PM
I am not interested to pursue this, nor do I have the ability to lead this effort. Plus I am very happy with the effort and the work IV is doing. Which is not for a specific category but a more general appeal. I support that.
But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)
But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)
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gbof
09-09 10:17 PM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Thus far approvals have been at a steady pace--people are reporting GC directly in mail box without any formal cpo/approval/welcome mails too. Hopefully spill-over visas have been alloted to as mant pre-adjudicated petetions and they will clear out all approvable cases in 04 and EB2 dates will only forward. By Q3/Q4, it may cross-over well in.to 06
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Thus far approvals have been at a steady pace--people are reporting GC directly in mail box without any formal cpo/approval/welcome mails too. Hopefully spill-over visas have been alloted to as mant pre-adjudicated petetions and they will clear out all approvable cases in 04 and EB2 dates will only forward. By Q3/Q4, it may cross-over well in.to 06
nitlsu
10-25 12:34 AM
I am sure that IV has a game plan (and I sincerely hope I am not wrong here). As a matter of interest I have been regularly monitoring NumbersUSA and FAIR websites and they have already set out an agenda with a list of action items for their members. This includes passage in the Senate of restrictionist bills like H.R. 6061, H.R. 6094, H.R. 6095 etc. In fact they have notified their constituents that Congress will be holding a lame duck session beginning November 13th and that they should keep up the pressure on their legislators.
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
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desi3933
06-26 04:02 PM
" Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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morchu
05-04 10:49 PM
Well since INA doesnt specifically state anything regarding this, the regulation CFR takes over.
22CFR 42.32 is not INA.
22CFR 42.32 is not the law.
INA is the law.
22CFR 42.32 is not INA.
22CFR 42.32 is not the law.
INA is the law.
abq_gc
08-20 11:57 AM
I guess, its fair to assume that all of our applications have been really transferred to TSC. Please keep on updating as soon as you guys get a receipt notice or yur checks get encashed.
Thanks,
Thanks,
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Macaca
07-09 12:54 PM
Adjustment Of Status (AOS) Application Submission Laws
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
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perm
08-06 02:35 PM
My checks cashed. Mailed I485-EB2, EAD, AP on June 29th, reached USCIS - NSC on July 2nd 10:25 am by Fedex. Checks cashed on 8/3 - Still not be able to see the back side of the image for RD etc. My I-140 was approved last year from TSC.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
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gg_ny
06-28 07:31 PM
Hi,
This is not going to be a concrete suggestions like the ones seen above in the page 7 of this thread. There is a large India Caucus in the senate (also in House??) and they are well tuned to the reality of situations. I dont mean that these efforts should narrowed down to a particular subpopulation of retrogression victims. This is just a suggestion with good intentions. Even if this India Caucus congress members may not have direct role in immigration bills, I wonder whether they could be used to approach other members with stake in this immigration legislation. I am sorry I dont know anybody in that caucus (wish I did).
This is not going to be a concrete suggestions like the ones seen above in the page 7 of this thread. There is a large India Caucus in the senate (also in House??) and they are well tuned to the reality of situations. I dont mean that these efforts should narrowed down to a particular subpopulation of retrogression victims. This is just a suggestion with good intentions. Even if this India Caucus congress members may not have direct role in immigration bills, I wonder whether they could be used to approach other members with stake in this immigration legislation. I am sorry I dont know anybody in that caucus (wish I did).
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mqualique
05-01 02:14 PM
Applying EB PD but using Visa number from FB Quota would be a awesome. Not sure what complications this may cause on the FB side. This seems like a visa-leak (like memory leak) scenario from FB. This will put GC Holders dependents at a disadvantaged position as compared to us who don't have GC yet because EB PD will always be ahead to FB PD due to 'Visa-Leak'.
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gcbikari
11-17 03:34 PM
Done for GA.
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lord_labaku
09-16 07:24 AM
Dudes & Dudettes,
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
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GCKarma
05-02 07:43 PM
Is it already introduced in Senate?
I could not find any thing on this from http://thomas.loc.gov/
I could not find any thing on this from http://thomas.loc.gov/
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dehradoon
10-08 05:54 PM
All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.
Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?
A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.
Correction, 25% of the less than 8000 visa numbers. First is the per country quota then its the distribution by quaters.
Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?
A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.
Correction, 25% of the less than 8000 visa numbers. First is the per country quota then its the distribution by quaters.
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pandu_hawaldar
07-21 10:54 AM
EAT at TSC
Paper mailed: July 05.
Receipt Date: July 08.
Soft LUD: July 11.
Priority Date: May 06, EB-3 (Ind).
Paper mailed: July 05.
Receipt Date: July 08.
Soft LUD: July 11.
Priority Date: May 06, EB-3 (Ind).
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mygc2006
09-08 11:48 AM
EB3 India
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
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ub27
07-27 02:28 PM
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
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trueguy
07-28 09:54 AM
With EB2 getting all the spillovers, there is no per country limit for any category except EB3-I. Why?
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sam2006
07-20 03:57 PM
I am willing to Contribute $150 for Aman.
thank you venkat
thank you venkat
Macaca
07-09 12:01 PM
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
indyanguy
09-30 12:33 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
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