anzerraja
07-19 09:44 PM
Thanks !
I am in
$200.00 to start. Will definitely contribute more.
I am in
$200.00 to start. Will definitely contribute more.
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msp1976
03-09 01:54 PM
After two years in the US, I told my employer that I want to file for GC...
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
EB3_SEP04
08-27 10:34 AM
We have been waiting for more than 100 days. We applied exactly 120 days before our current EAD was going to expire. When I called USCIS (after 90 days) , Customer Service told that that don�t have our finger prints in file. I never got any notice and my lawyer said they don�t need finger prints for paper filed application and they should use I485 finger prints. So I took the infopass appointment. IO was nice and he was willing to listen. He said the same thing (missing finger prints). I showed him the fingerprint receipts from last year and also showed the USCIS memo talking about interim EAD. He said no to interim EAD. But called Texas Service Center right then. Person on the other end offered to call back in 5 minutes and he did. IO came back and told us that there was some thing wrong at their end and they will port my finger print information from 485 to EAD application. But he said it would take 10 � 15 business days more. Our current EAD were expiring soon and I called congresswoman�s office next day. Got the approval email yesterday evening. Don�t know what worked. But what a huge relief.
EB-3-India (March 2003)
Labor Approved: Oct 2006
I-140 approved � Jan 2007
I-485 applied � June 2007
EAD (Renewal) applied � May first week 2008
Called USCIS and Opened SR � August first week
Infopass at local uscis office: Aug 20th
Called Congress Woman�s office: Aug 21 st
EAD Approval email: Aug 25
Does this mean, if someone has never done FP for 485, will need to do it now for EAD even if it is paper based?
EB-3-India (March 2003)
Labor Approved: Oct 2006
I-140 approved � Jan 2007
I-485 applied � June 2007
EAD (Renewal) applied � May first week 2008
Called USCIS and Opened SR � August first week
Infopass at local uscis office: Aug 20th
Called Congress Woman�s office: Aug 21 st
EAD Approval email: Aug 25
Does this mean, if someone has never done FP for 485, will need to do it now for EAD even if it is paper based?
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pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(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 as a VAWA self-petitioner 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
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(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 as a VAWA self-petitioner 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
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
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veerug
09-13 01:12 AM
Application was received on July 12th. No cheques cashed and no receipts!
simple1
05-05 10:24 AM
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
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maag
05-30 10:29 AM
Thanks Marty.
Just keeping my fingures crossed.
POE will be peace bridge niagara falls.
Just keeping my fingures crossed.
POE will be peace bridge niagara falls.
2010 Cute Baby Wallpaper
gkattalu
08-20 08:57 AM
My wife and I just received the email about card production order. And, ou4 case status has changed on the website to CPO. I wish good luck to all of you. In case it helps, anyone, our details:
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
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simple1
05-01 03:55 PM
FOIA may be. Btw can you add a poll to this thread to see forum support?
Done, added poll.
Done, added poll.
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tonyHK12
11-18 01:50 PM
I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
Even I participated in the campaign, but I don't think it will impact anything for us.
If you mean IV and are waiting for results to support, consider that we have hired a Lobby in DC and are spending a lot of money in campaigns.
we cannot just give them an IOU and say, we'll pay you later and only if you succeed.
No business works like that. we don't have a charge card to dispute transactions.
Even I participated in the campaign, but I don't think it will impact anything for us.
If you mean IV and are waiting for results to support, consider that we have hired a Lobby in DC and are spending a lot of money in campaigns.
we cannot just give them an IOU and say, we'll pay you later and only if you succeed.
No business works like that. we don't have a charge card to dispute transactions.
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gauravster
05-01 01:58 PM
Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.
Maybe someone more knowledgable or from the core members can throw some light on this.
Maybe someone more knowledgable or from the core members can throw some light on this.
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SREE_485
08-20 11:38 AM
I applied my EAD renewal on June 26th and it has been approved today. The current Ead status is " Card Production ordered ".
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immigrant2007
09-10 12:24 AM
We all morons wont still learn, we will still start prediting for next visa bulletin hoping that a reincarnation of god will ome and deliver us visa numbers.
Unless we all make a collective effort no one is going to listen to us. I know the fate of my post we all people are busy to get our post noted or express our opinion that we have lost our fous of what our main problem is. I think we deserve this perhaps I dont think if we continue like this we even deserve GCs.
-with correction
We all morons and still wont learn, we will still start predicting for next visa bulletin hoping that a reincarnation of god will come and deliver us visa numbers.
Unless we all make a collective effort no one is going to listen to us. I know the fate of my post, we all will get busy to get our post noted or express our opinion which will definitely solve our problem or proving our point the that "i am right you are wrong" or get busy with "my ideas are better than yours" or "who wins the quote slamming contest".
We have simply lost our fous of our main problem . I think we deserve this perhaps I think if we continue like this we dont even deserve GCs.[/QUOTE]
Unless we all make a collective effort no one is going to listen to us. I know the fate of my post we all people are busy to get our post noted or express our opinion that we have lost our fous of what our main problem is. I think we deserve this perhaps I dont think if we continue like this we even deserve GCs.
-with correction
We all morons and still wont learn, we will still start predicting for next visa bulletin hoping that a reincarnation of god will come and deliver us visa numbers.
Unless we all make a collective effort no one is going to listen to us. I know the fate of my post, we all will get busy to get our post noted or express our opinion which will definitely solve our problem or proving our point the that "i am right you are wrong" or get busy with "my ideas are better than yours" or "who wins the quote slamming contest".
We have simply lost our fous of our main problem . I think we deserve this perhaps I think if we continue like this we dont even deserve GCs.[/QUOTE]
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amsgc
08-25 12:57 AM
Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
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iptel
12-10 10:13 PM
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
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kumar1
02-12 02:08 PM
Sledge_Hammer - You are so shallow in your thinking!
Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.
Please do not be so harsh on forums.
I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.
D%ck weed, I came to this country with the intention of studying and then working, but to do so legally. I came to this country very well knowing that I have to maintain my legal status, regardless of the circumstances.
So to counter your sophomoric point - yes, it does not matter if you have spent your prime years working here, it does not matter if you have loans in India, it does not matter if your wife is on H4, it does not matter if your child is a US citizen, it does not matter if you did your masters here, it does not matter if you are from IIT, it does not matter if you're employed through a consultant, it does not matter if you're employed full-time with a "proper" company, it does not matter if your parents in India are sick and you need to send them money; THE ONLY THING THAT MATTERS IS THAT YOU SHOULD BE MAINTAINING LEGAL IMMIGRATION STATUS BECAUSE YOU CAME TO THIS COUNTRY KNOWING THAT!
So stop complaining @ss wipe and go back and learn to spell and fix your grammar.
>>>>>>Do you have a brain?
>>>>>>So why the hell u came to the country
>>>>>>u ask them to go to their home country is it
Thinking in your native tongue and translating to another language is NOT a very effective way to communicate. And for god's sake, spell 'you' the way it is and don't short hand it to 'u'. That's the most annoying thing people like you do.
Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.
Please do not be so harsh on forums.
I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.
D%ck weed, I came to this country with the intention of studying and then working, but to do so legally. I came to this country very well knowing that I have to maintain my legal status, regardless of the circumstances.
So to counter your sophomoric point - yes, it does not matter if you have spent your prime years working here, it does not matter if you have loans in India, it does not matter if your wife is on H4, it does not matter if your child is a US citizen, it does not matter if you did your masters here, it does not matter if you are from IIT, it does not matter if you're employed through a consultant, it does not matter if you're employed full-time with a "proper" company, it does not matter if your parents in India are sick and you need to send them money; THE ONLY THING THAT MATTERS IS THAT YOU SHOULD BE MAINTAINING LEGAL IMMIGRATION STATUS BECAUSE YOU CAME TO THIS COUNTRY KNOWING THAT!
So stop complaining @ss wipe and go back and learn to spell and fix your grammar.
>>>>>>Do you have a brain?
>>>>>>So why the hell u came to the country
>>>>>>u ask them to go to their home country is it
Thinking in your native tongue and translating to another language is NOT a very effective way to communicate. And for god's sake, spell 'you' the way it is and don't short hand it to 'u'. That's the most annoying thing people like you do.
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vin13
07-16 06:25 PM
If u want to be fair, fight to remove country quota and not fight among EB categories
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gbof
08-27 09:40 PM
I'd suggest u guys take ur card magnetization talk onto another thread instead of making other current and still waiting ppl feel bad about the fact that they still dont have cards but here we have others talking about their plastic cards.
My dear friend,
Did you NOTICE the best wishes for those who are current?. Take the things in right sipirit........even ...If you can not appreciate
My dear friend,
Did you NOTICE the best wishes for those who are current?. Take the things in right sipirit........even ...If you can not appreciate
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mhtanim
05-20 02:23 PM
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
You can file for renewal beginning 120 days before your EAD/AP expires.
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
You can file for renewal beginning 120 days before your EAD/AP expires.
sparklinks
08-26 11:13 AM
Congratulation. That was quick. I applied for EAD renewal for me and my wife RD 7/9/2008 and still waiting.
Any one waiting near 6/18 ?
Any one waiting near 6/18 ?
anzerraja
07-20 10:51 AM
Sam2006
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
Hello Folks
Thank you for all the efforts but we have a looong way to go
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
to keep track and update
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
Hello Folks
Thank you for all the efforts but we have a looong way to go
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
to keep track and update
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