Jaime
09-10 04:32 PM
We love the U.S. We won't allow bad immigration policy to continue to hurt our country with a self-inflicted Reverse Brain Drain. Already 100,000 of us highly-skilled immigrants have left in frustration! We won't allow this to continue!!! We are going to stop this madness, AND IT ALL STARTS IN WASHINGTON ON THE 18th!!!! This is not only for ourselves, we are doing this for America!!!!!!!!!!!!
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bigboy007
06-10 09:06 PM
It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.
rightly said. This is not first time this came up on radar. with success of TARP this comes up everytime we fix the system.
rightly said. This is not first time this came up on radar. with success of TARP this comes up everytime we fix the system.
seahawks
06-10 05:49 PM
sent, also forwarded to friends.
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mheggade
07-14 01:22 PM
link does not work
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gondalguru
07-07 06:57 PM
Congrates to all who got approved with PD of 2004. Feels good to know that EB2 india with PD 2004 (Jan to March) getting approval.
desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
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
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
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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Ramba
07-09 07:44 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
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nk2006
10-17 12:12 PM
Fax number (816) 350-5785
Will do (downloaded the letter - will send after notarizing it).
Thanks
Will do (downloaded the letter - will send after notarizing it).
Thanks
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nirenjoshi
10-29 12:02 PM
Posted last week..
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FucTheGC
06-06 02:44 PM
My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.
Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)
Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)
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ajthakur
07-14 06:54 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
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gckabayega
03-17 12:52 PM
Does anyone know how many applicants convereted from EB3 to EB2 ?
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
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Madhuri
11-22 07:39 PM
If you changed the project and the new project is giving better hourly rate then if you are working on percentage basis, your share will go up.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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harish
04-24 10:07 AM
Congrats Googler!
I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.
EB2, NSC PD 10/02
I-485 RD - 02/2007
Approval Notice - April 23'08
Congratulations and enjoy the green!
I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.
EB2, NSC PD 10/02
I-485 RD - 02/2007
Approval Notice - April 23'08
Congratulations and enjoy the green!
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vin13
11-12 03:26 PM
Guys
So are we having a conference call or have we decided that we should individually write letter that has already been drafted.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
So are we having a conference call or have we decided that we should individually write letter that has already been drafted.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
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immigrant2007
09-10 01:16 PM
If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
how many GCS does EB2 India have oer year (quota only)
How much time is DOS taking to approve accept and process 485 (adjudication time for new 485s)?
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
how many GCS does EB2 India have oer year (quota only)
How much time is DOS taking to approve accept and process 485 (adjudication time for new 485s)?
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paskal
12-26 04:30 PM
amsterdam is visa free- thank NW/KLM for it!
I hear Milan is too - Alitalia
I hear Milan is too - Alitalia
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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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johnmcdonald98
07-05 12:19 PM
I go against this idea, because this doesn't work out logistically.
First as others pointed out traffic will be way less as soon as IV charges,
second, what would be the cut-off? $5 or $100? So if person who paid $5 might get the same privileges as guys who paid $1000? Is it fair, then you need to come up with normal, premium membership etc..
Third, as soon as you make people pay, they become more demanding as they need to know where their each cents have been spent. I guess then IV core member needs to answer questions related to this more than actual issues
by the way who and where do they keep the accounting in IV?
First as others pointed out traffic will be way less as soon as IV charges,
second, what would be the cut-off? $5 or $100? So if person who paid $5 might get the same privileges as guys who paid $1000? Is it fair, then you need to come up with normal, premium membership etc..
Third, as soon as you make people pay, they become more demanding as they need to know where their each cents have been spent. I guess then IV core member needs to answer questions related to this more than actual issues
by the way who and where do they keep the accounting in IV?
BharatPremi
07-10 12:22 AM
very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?:confused:
Ofcourse, this can become the main bullet of the law suite gun.. but hold on before firing it... It can backfire to us... End result can be unwanted... Worst Scenario could be revoking all GCs granted in June and few days of July... multiple lawsuites !!! --- AND increment in the BACKLOG where you and I and everybody in this forum are still stuck.
Ofcourse, this can become the main bullet of the law suite gun.. but hold on before firing it... It can backfire to us... End result can be unwanted... Worst Scenario could be revoking all GCs granted in June and few days of July... multiple lawsuites !!! --- AND increment in the BACKLOG where you and I and everybody in this forum are still stuck.
pappu
07-23 10:36 PM
May be I asked you same question before.
What is the best way to send to CIS when receipt notice is not received yet.
When you said reject, what do you mean?
Will CIS reject before issuing RN or after issuing RN?
- Which receipt notice? 140?
- I meant denial.
- After issuing RN and later during adjucation process.
What is the best way to send to CIS when receipt notice is not received yet.
When you said reject, what do you mean?
Will CIS reject before issuing RN or after issuing RN?
- Which receipt notice? 140?
- I meant denial.
- After issuing RN and later during adjucation process.
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