Norristown
09-11 08:41 AM
I am a great admirer of IV, because it is the only organization really working for legal immigrants.
Yesterday we are all watching TV,internet for Senate voting on HR5882. Nothing happened.
We are depending on other websites , to know about bill markup. All threads are filling up with all kind of guessing and speculation.
Don't we have any channel (lobbyists) to know whether it is marked up or not?
Yesterday we are all watching TV,internet for Senate voting on HR5882. Nothing happened.
We are depending on other websites , to know about bill markup. All threads are filling up with all kind of guessing and speculation.
Don't we have any channel (lobbyists) to know whether it is marked up or not?
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Openarms
12-08 03:04 PM
Did anybody get actual response from USCIS yet??
srikondoji
08-03 07:35 AM
It is not possible to revert back to the system where we were allowed to concurrently file I-140/I-485.
The only practical thing that can fought for and achieved is increase in number of visa numbers per year and faster processing.
Even, if visa numbers are current, they will not accept concurrent filing.
just my 2 paise.
The only practical thing that can fought for and achieved is increase in number of visa numbers per year and faster processing.
Even, if visa numbers are current, they will not accept concurrent filing.
just my 2 paise.
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stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
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glus
01-16 07:18 AM
Signed up for $20 per month. That's all I can do now. Hope that it will help.
Regards,
Regards,
slowwin
07-23 07:56 AM
now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:
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ganguteli
04-03 12:26 PM
Hello there,
Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
Let's do this NOW.
"To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"
Dude complete your profile first if you want to be taken seriously.
I would be hesitant to write to some anonymous email id.
Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
Let's do this NOW.
"To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"
Dude complete your profile first if you want to be taken seriously.
I would be hesitant to write to some anonymous email id.
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sammas
07-12 03:57 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
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senthil1
09-18 10:23 PM
But their argument is this will add 500k gcs in one year whether it is a recapture or not. But it will not change any overall immigration numbers as most people will stay here by using AC21. Still their policy is anti immigration so they will oppose any immigration bill.Still one or 2 congressmen/Senator can block the bill by adding hundreds of amendments. So there will not be much time to pass.What you can do for this?
Does IV already have a propaganda group of their own to thwart such baseless silly accusations?
If not, this group ought to be formed; made up of people who are patient, have very good communication skills (both verbal and written) and be well aware of the current immigration process in the US.
I am afraid that the clueless media might see these lies on Dice (which is one the top job search sites), and assume that what is posted there is accurate. If they run with it as a story without doing proper investigation, it will get unnecessary negative publicity. It needs a proper counter argument, supported by the facts. eg: the legislation that limits the current EB level at 140K per year; and the legislation that does not allow spillover of the unused visas from one year to the next.
There are a lot of ignorant people around. Some knowledge transfer to them will help us all. (There will be some people who are not receptive to knowledge. No one can help them.)
Thanks
Does IV already have a propaganda group of their own to thwart such baseless silly accusations?
If not, this group ought to be formed; made up of people who are patient, have very good communication skills (both verbal and written) and be well aware of the current immigration process in the US.
I am afraid that the clueless media might see these lies on Dice (which is one the top job search sites), and assume that what is posted there is accurate. If they run with it as a story without doing proper investigation, it will get unnecessary negative publicity. It needs a proper counter argument, supported by the facts. eg: the legislation that limits the current EB level at 140K per year; and the legislation that does not allow spillover of the unused visas from one year to the next.
There are a lot of ignorant people around. Some knowledge transfer to them will help us all. (There will be some people who are not receptive to knowledge. No one can help them.)
Thanks
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rockstart
03-10 01:54 PM
I have posted a question on page 3 of this thread on same / similar can some one answer it? :(
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gumpena
08-15 08:16 PM
Atleast this shows that October Visa Bulletin will be better than predicted by some (look in immigration-law.com). Prediction was to start Oct-2007 where they left off in Jan-2007 now it looks they may start from Jun-2007 Bulletin dates.
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amsgc
07-04 08:04 PM
Legal,
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
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ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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kanakabyraju
07-13 07:23 AM
YES. You will be all set.
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
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BharatPremi
03-17 10:35 AM
EB3-India
PD: July 2003
EAD-AP approved, FP done
PD: July 2003
EAD-AP approved, FP done
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WillIWin?
07-24 01:36 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
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goan2005
09-26 09:22 AM
CNN HAS CORRECTED THE ARTICLE NOW!!!!!!!!!!!!!!!!!!!!
WOWWW. THANKS IV.
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
WOWWW. THANKS IV.
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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amslonewolf
11-06 07:28 AM
NRC2008064127
I didn't notarize my letter..
All it takes is a .42 cents to mail the letter and 2 mins of your time.. Please do it..
I didn't notarize my letter..
All it takes is a .42 cents to mail the letter and 2 mins of your time.. Please do it..
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onemorecame
10-18 12:15 PM
any one else.. who got any update after filling RFE?
I got soft LUD on Oct 12.... nothing after that :confused:
I got soft LUD on Oct 12.... nothing after that :confused:
jayZinDC
05-28 03:41 PM
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef
Hope this helps...
Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef
perm2gc
01-10 09:24 PM
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13914
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