kshitijnt
04-25 08:26 PM
All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.
I think most of us desis consider other desis to be inferior and treat them so.
Atleast your DESI employers start GC early maybe after 6 months. Most american employers dont even start GC until you are in 5th year of H1. Employers are employers, they dont come with nationalities on their forehead. There are so many american companies who have filed bankruptcy when a large payment was pending and your desi employer attempted to recover it.
I think most of us desis consider other desis to be inferior and treat them so.
Atleast your DESI employers start GC early maybe after 6 months. Most american employers dont even start GC until you are in 5th year of H1. Employers are employers, they dont come with nationalities on their forehead. There are so many american companies who have filed bankruptcy when a large payment was pending and your desi employer attempted to recover it.
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zoooom
07-20 10:10 AM
nice job guys
I think we should extend it till monday atleast
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
I think we should extend it till monday atleast
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
2ndJuly
08-14 11:43 AM
did you get any email from CRIS? Assuming you had a 'Y' for email.
GCCovet
Yes I got two emails from CRIS for each application as "Card Production Ordered"
and a third email as "Approval Notice Sent"
GCCovet
Yes I got two emails from CRIS for each application as "Card Production Ordered"
and a third email as "Approval Notice Sent"
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greensignal
09-09 04:41 PM
:) Current Status: Card production ordered.
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
more...
lost_in_migration
05-01 04:35 PM
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
PART 1
Sec. 203. [8 U.S.C. 1153]
(a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:
(1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -
(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).
(3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
(4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
[TO BE CONTD.]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
PART 1
Sec. 203. [8 U.S.C. 1153]
(a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:
(1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -
(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).
(3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
(4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
[TO BE CONTD.]
psk79
09-12 02:48 PM
I am in exactly same boat, with no idea about my pending application.
Absolutely hate this feeling.
Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...
Absolutely hate this feeling.
Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...
more...
missourian
09-26 01:47 PM
Hi ,
I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.
Thanks
Venkat
Mine was filed on Aug 1st reached NSC on august 2 nd, No updates yet, called USCIS they asked me to wait for 90 days, I am wondering how other ppl checking the status.
I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.
Thanks
Venkat
Mine was filed on Aug 1st reached NSC on august 2 nd, No updates yet, called USCIS they asked me to wait for 90 days, I am wondering how other ppl checking the status.
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senthil1
05-23 09:21 AM
If you are able to file gc why do you need this. Only future H1bs need to bother about the this restriction. Corporations or Compete America will lobby to remove H1b restrictions if that creates problem for them.
I am about to e-mail to the Senators based on the new letter.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
I am about to e-mail to the Senators based on the new letter.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
more...
sam2006
07-20 11:00 AM
anzerraja looks like i cannot save the XLS sheet
an u please update it for me
thanks a lot
an u please update it for me
thanks a lot
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gc_check
06-08 01:42 PM
yea...you are right...it seems they are not processing anything today..
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
What is the source of the updates/information you have posted.
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
What is the source of the updates/information you have posted.
more...
mita
08-10 11:19 PM
The events are not same for all but you'll notice a couple more updates next week.
I only got CPO on 8/8/8 and soft LUD on 8/9/8/
I only got CPO on 8/8/8 and soft LUD on 8/9/8/
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logiclife
10-08 06:00 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.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
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.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
more...
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mirage
03-06 04:34 PM
For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
http://groups.yahoo.com/
If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
http://groups.yahoo.com/
If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
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sandiboy
09-07 11:22 AM
Hi all,
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
Do your receipt nos start with SRC or LIN in this case?
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
Do your receipt nos start with SRC or LIN in this case?
more...
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jnraajan
02-08 06:58 PM
Pappu
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
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desi3933
07-09 11:01 AM
The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain 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.
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.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain 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.
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.
more...
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paragpujara
08-09 07:44 AM
Yesterday status got updated for me and my wife as below:
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
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vagish
07-08 12:38 PM
Previous years Oct Visa Bulletins doesn't look encouraging at all, EB-3 India moved by a week and other categories move by a month or 2. With USCIS taking huge no. of applications in june'07 the future of oct'07 seems to be pretty bleak, It is quiet depressing. We surely need this legislation of ability to file 485 even if visa dates not current.
by the way,
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
by the way,
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
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mani_r1
09-01 01:53 PM
We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.
gc4me
04-23 02:50 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
REDS
11-06 01:47 PM
I too am sailing in the same boat.
Opened an SR yesterday with USCIS for FP.
my 485 was filed with TSC on july 17 and have got EAD and AP but no FP so far.
Opened an SR yesterday with USCIS for FP.
my 485 was filed with TSC on july 17 and have got EAD and AP but no FP so far.
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