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.
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fundo14
06-07 12:36 AM
Hey dont give up ur Canadian PR. U have worked so hard for it. Just think about it. What if ur US GC goes for a toss (god forbid)? The idea was to use Canadian PR as a backup so do it. Also, I completed my landing in Canada recently. PM me if u need more info...
Hi,
How did you reenter US? Using H1 or AP?
I have already used AP once and I am hearing lot of stories about US Immigration creating lot of problem while enetering back in US using AP as they feel that we are doing some kind of fraud ny trying to maintain PR in Cananda & USA
Please shear your experience of Landing.
Hi,
How did you reenter US? Using H1 or AP?
I have already used AP once and I am hearing lot of stories about US Immigration creating lot of problem while enetering back in US using AP as they feel that we are doing some kind of fraud ny trying to maintain PR in Cananda & USA
Please shear your experience of Landing.
diptam
06-22 01:49 PM
We discussed this several Times !
I'm currently bargaining with my employer for that Letter.... They are saying that letter can be given now only if i don't ask for next Hike etc...
blood suckers ..., you know
I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
I'm currently bargaining with my employer for that Letter.... They are saying that letter can be given now only if i don't ask for next Hike etc...
blood suckers ..., you know
I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
2011 Krillin Yamcha Tien Chiatzu
vikki76
09-29 11:01 PM
This is what I found on this PDF
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to
more...
sac-r-ten
02-10 07:55 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Hi asdcrajnet, good luck with all your endeavours. Me to heading back this may-end. Having spend 6years and going now where with career or GC.
Have sent you a private message. would appreciate if you could answer few of my queries.
thank you.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Hi asdcrajnet, good luck with all your endeavours. Me to heading back this may-end. Having spend 6years and going now where with career or GC.
Have sent you a private message. would appreciate if you could answer few of my queries.
thank you.
CADude
08-17 04:34 PM
You are in "Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions." tread.
Got it.:D:D:D:D
I agree. Aware members need to inform ignorant members obsessed with notices on other threads and stop those therads NOW. We have tolerated such threads enough. I am not joking, you will see from today new threads of EAD and AP trackers for the next 6 months. So let us all nip this in the bud in the interest of this organization. What do you think?
Got it.:D:D:D:D
I agree. Aware members need to inform ignorant members obsessed with notices on other threads and stop those therads NOW. We have tolerated such threads enough. I am not joking, you will see from today new threads of EAD and AP trackers for the next 6 months. So let us all nip this in the bud in the interest of this organization. What do you think?
more...
zxc1251
02-03 02:46 PM
Just curious...WHAT CULTURE R U TALKING ABOUT?
1. 2G scam --- Our culture
2. CWG scam --- Our culture
3. Adarsh Housing society scam --- Our culture
4. Land acquisition in states like K'taka and Andhra --- Our culture
5. Gang rapes in Delhi --- Our culture
6. IPL scams --- Our culture
7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
9. North Indians treated as aliens in Mumbai --- Our culture
10. Hordes of muslims killed in Gujarat --- Our culture
11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
12. Mining scam in K'taka and Andhra --- Our culture
The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.
Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.
All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.
I think you got culture and problems mixed up......
What you have listed are problems our country is facing right now.....
While speaking 100 languages, celebrating 100 festivals and learning same values that we, our parents and their parents believed in is really a culture......
1. 2G scam --- Our culture
2. CWG scam --- Our culture
3. Adarsh Housing society scam --- Our culture
4. Land acquisition in states like K'taka and Andhra --- Our culture
5. Gang rapes in Delhi --- Our culture
6. IPL scams --- Our culture
7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
9. North Indians treated as aliens in Mumbai --- Our culture
10. Hordes of muslims killed in Gujarat --- Our culture
11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
12. Mining scam in K'taka and Andhra --- Our culture
The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.
Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.
All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.
I think you got culture and problems mixed up......
What you have listed are problems our country is facing right now.....
While speaking 100 languages, celebrating 100 festivals and learning same values that we, our parents and their parents believed in is really a culture......
2010 super saiyan, saiyan,
royus77
07-07 09:37 PM
Yes, if we work on our state chapter and get some idea how many members can join in DC then we can talk about it to core members and see what they think.
Let start a Poll for the DC rally for next week end ( poll end date tuesday night) .We will take a call some time then.Putting on the main page will enables nearby states people to join
Let start a Poll for the DC rally for next week end ( poll end date tuesday night) .We will take a call some time then.Putting on the main page will enables nearby states people to join
more...
amitjoey
05-23 04:35 PM
Sent email to 2+10 senators.
Thanks, please also webfax. It is just one click.
Thanks, please also webfax. It is just one click.
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Raju
07-20 12:36 PM
Wow ! Did Aman get his GreenCard???
Great news for IV as it will enable him to be more aggressive now!
Aman, open a consulting company( non-profit ;) ) and we'd be happy to invoke AC21 in 6 months :)
Nice one:D :D
Great news for IV as it will enable him to be more aggressive now!
Aman, open a consulting company( non-profit ;) ) and we'd be happy to invoke AC21 in 6 months :)
Nice one:D :D
more...
knnmbd
05-03 11:58 AM
thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
The exemption is just to file, the processing will however take what ever the regular processing time would at that point of time. I am sure that there is no provision to expedite the "processing" of I145.
The exemption is just to file, the processing will however take what ever the regular processing time would at that point of time. I am sure that there is no provision to expedite the "processing" of I145.
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ski_dude12
08-25 07:42 PM
Not my case. It is being actively being processed. That was the reply I got to the SR I opened.
What about ur case? Is that assigned to an officer as well?
What about ur case? Is that assigned to an officer as well?
more...
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VK373
06-11 05:52 PM
They sent you receipt before cashing the checks?
Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.
Summer....
I got them in mail from USCIS, Lincoln NE.
Thanks.
Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.
Summer....
I got them in mail from USCIS, Lincoln NE.
Thanks.
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senthil1
12-14 06:52 PM
I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
I agree whole-heartedly.
Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
We have a legitimate, common sense and good cause on our side.
In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?
If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.
But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.
It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......
Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
I agree whole-heartedly.
Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
We have a legitimate, common sense and good cause on our side.
In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?
If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.
But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.
It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......
Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?
more...
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gc_on_demand
05-08 02:39 PM
lets get together and do something please.. we need to act this month..
Please contribute...
Please contribute...
dresses a [[Super Saiyan 2|Super
trueguy
07-25 11:49 PM
Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)
http://immigrationvoice.org/forum/showthread.php?t=20452
Nobody is even talking about EB3-I. Since congress is supporting EB2, we EB3-I won't get any relief bcoz all big companies are happy to see EB2-I getting approved. We are left alone and nobody to help us..........
http://immigrationvoice.org/forum/showthread.php?t=20452
Nobody is even talking about EB3-I. Since congress is supporting EB2, we EB3-I won't get any relief bcoz all big companies are happy to see EB2-I getting approved. We are left alone and nobody to help us..........
more...
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TheOmbudsman
10-25 11:54 AM
Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them. Honestly, I wish us good luck, but I am not sure.
Ombudsman, you forgot one important point however.
If the Dems do win the house, the speaker will be a Dem. and she will set the agenda to be discussed and voted upon. Also the ranking members on the various comittees will also be Dems. Therefore they will make the decisions such as, when and how to discuss these measures in committee, when and with whom to hold congressional hearings(expert testimony), when to go to conference and which representatives to to go to conference, and so on, these things influence the legislative process as much as votes do.
The bottomline is House Republicans had a fair shot at this and decided against any changes, I can't see how them returning is going to solve a thing. Immigration is one of the few issues that the Upper House and the Pres. can agree with a democratic congress on. Issues such as Soc. Security, healthcare etc will certainly end up in gridlock as the republican strategist Ed Rollins points out.
Ombudsman, you forgot one important point however.
If the Dems do win the house, the speaker will be a Dem. and she will set the agenda to be discussed and voted upon. Also the ranking members on the various comittees will also be Dems. Therefore they will make the decisions such as, when and how to discuss these measures in committee, when and with whom to hold congressional hearings(expert testimony), when to go to conference and which representatives to to go to conference, and so on, these things influence the legislative process as much as votes do.
The bottomline is House Republicans had a fair shot at this and decided against any changes, I can't see how them returning is going to solve a thing. Immigration is one of the few issues that the Upper House and the Pres. can agree with a democratic congress on. Issues such as Soc. Security, healthcare etc will certainly end up in gridlock as the republican strategist Ed Rollins points out.
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fall2004us
08-13 08:14 PM
Here is my update:
EB2 - India
PD - Sep/2006
I 140 approved - Dec 2006
I 485 Date received July 2nd 2007
RD - checks were cashed (date - July 30, 2007)
FP - Got a mail from USCIS regarding finger printing (scheduled - August 29,2007)
So far no receipt by mail, application is at Nebraska.
EB2 - India
PD - Sep/2006
I 140 approved - Dec 2006
I 485 Date received July 2nd 2007
RD - checks were cashed (date - July 30, 2007)
FP - Got a mail from USCIS regarding finger printing (scheduled - August 29,2007)
So far no receipt by mail, application is at Nebraska.
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amitjoey
11-17 03:48 PM
Lets do this. Please get involved. Please post if you have already sent this email, that will be encouraging for others to do it. Also, We can build a strong momentum if this thread immediately starts running into 100's of pages.
guru76
11-18 05:15 PM
Sent
cleopatra
02-14 07:27 AM
Donated $100 for the event.
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