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bijualex29
07-24 09:31 AM
I think that is a very good idea, we should have several backup plans.
I never thought that �Ability to file I-485� is within USCIS power.
I too have researched and found out that the just � Memo � was issued to change the procedure to file I-485/I-140 concurrent filing.
Here � Ability to file will be within USCIS power� , but granting a green card is controlled by law.
I never thought that �Ability to file I-485� is within USCIS power.
I too have researched and found out that the just � Memo � was issued to change the procedure to file I-485/I-140 concurrent filing.
Here � Ability to file will be within USCIS power� , but granting a green card is controlled by law.
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CADude
02-21 11:19 AM
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
Jitamitra
06-08 06:04 PM
Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
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anilsal
12-11 04:04 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
more...
Desertfox
10-29 08:14 PM
EB3 India
PD July 06
I-140 Approved
485 Pending:D
PD July 06
I-140 Approved
485 Pending:D
GCanyMinute
08-02 03:17 PM
The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
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jamesbond007
09-10 01:54 PM
Could someone post periodic updates for the benefit of those who do not have real player? (and are not allowed top install it)
Thanks
Thanks
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logiclife
12-20 08:31 PM
On a second thought, If I interpret it correctly...
the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
yes, but that happened prior to your last admission in USA and prior to your filing of 485.
Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.
Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.
Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.
the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
yes, but that happened prior to your last admission in USA and prior to your filing of 485.
Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.
Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.
Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.
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logiclife
01-31 04:33 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
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go_gc_way
12-29 11:23 AM
good question - I do not visit the website often. I remembered the website out of the blue only yesterday. After about 1 1/2 year I visited that website yesterday. So it was out of my mind.
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
Thanks WillBLucky, I appreciate your willingness to do something but can't because of your other obligations.
I know, though all you folks want to do something, you are stuck with obligations.
BUT IN THE END IF EVERY ONE OF YOU CAN PULL OF THAT 15 MINUTES (which is for your green card), IT WORK MAGICS. BUT FOR IT TO WORK MAGICS, ALL NEED POST THEM VERY VERY VERY SOON.
If IV core team is working , dedicated, I am sure you all can spend 15 minutes. SEND YOUR GIFT TO IV and let us know on this thread, when you sent it, Thanks Friends :)
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
Thanks WillBLucky, I appreciate your willingness to do something but can't because of your other obligations.
I know, though all you folks want to do something, you are stuck with obligations.
BUT IN THE END IF EVERY ONE OF YOU CAN PULL OF THAT 15 MINUTES (which is for your green card), IT WORK MAGICS. BUT FOR IT TO WORK MAGICS, ALL NEED POST THEM VERY VERY VERY SOON.
If IV core team is working , dedicated, I am sure you all can spend 15 minutes. SEND YOUR GIFT TO IV and let us know on this thread, when you sent it, Thanks Friends :)
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gimme_GC2006
04-06 06:18 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
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gk_2000
08-10 01:48 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
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varshadas
03-05 06:00 AM
Thanks. I don't think I will be able to make it. Let us know how it goes.
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sanju
11-11 11:14 PM
We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
Hope he addresses something.
You are kidding, right? And you expect that sending flowers and greeting card to Obama will be returned by a favor by passing a bill every EB applicant a green card immediately. I guess you have not noticed closely what is coming our way. Wait and watch, and save the money that you are considering spending on flowers and card.
.
Hope he addresses something.
You are kidding, right? And you expect that sending flowers and greeting card to Obama will be returned by a favor by passing a bill every EB applicant a green card immediately. I guess you have not noticed closely what is coming our way. Wait and watch, and save the money that you are considering spending on flowers and card.
.
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kumar1
03-16 12:31 AM
Your language says everything about you. I am glad I do not work with you.
dudester,
I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)
And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.
Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
:p
Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.
If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???
Yes i AM selfish..........you got a problem with that?
dudester,
I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)
And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.
Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
:p
Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.
If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???
Yes i AM selfish..........you got a problem with that?
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03-07 01:00 PM
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gc_on_demand
11-11 01:36 PM
IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.
Shall we start a funding drive? rajuram - can you lead it?
We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
Shall we start a funding drive? rajuram - can you lead it?
We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
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p_kumar
02-21 11:31 AM
thanks for your responses. its just like stock market. who knows what will happen.
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perm2gc
01-10 06:21 PM
http://www.immigration-information.com/forums/forumdisplay.php?f=33
skd
09-18 01:47 PM
This is MUCH worse than Dot-Com bubble, As Dot-Com bubble was just for IT industry, this financial sector, Housing Sector, Insurence Sector. And obviously IT as IT is service industry for all these.
So we don't know what will happen.
It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....
So we don't know what will happen.
It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....
brick2006
11-11 03:06 AM
he cant act on immigration when the economy is down and ppl are losing their jobs..so we are in a sinking boat...
better to wait and watch!!!
better to wait and watch!!!
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