pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
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.
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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psk79
09-06 10:31 AM
FYI...
My attorney sent documents to NSC on July 2nd 10.30 AM
Transferred from NS --> TSC with receipt date Aug 29'th.
My cheques were cashed on Aug 29th. Have not received the receipt numbers physically by psotal mail.
My question to you is " Will TSC send the receipt number documnets directly to me or to my Attorney?"
Thanks
My attorney told me that they will send her a courtesy copy but the original receipts will come to me. Especially with change of address, it might be a mess. HE says that I will need to send a letter to the address on receipt (TSC) with the copy of online address change submission and stating that you moved and needs the address to be updated asap. She said the EADs wil goto my address and won't be forwarded....
My attorney sent documents to NSC on July 2nd 10.30 AM
Transferred from NS --> TSC with receipt date Aug 29'th.
My cheques were cashed on Aug 29th. Have not received the receipt numbers physically by psotal mail.
My question to you is " Will TSC send the receipt number documnets directly to me or to my Attorney?"
Thanks
My attorney told me that they will send her a courtesy copy but the original receipts will come to me. Especially with change of address, it might be a mess. HE says that I will need to send a letter to the address on receipt (TSC) with the copy of online address change submission and stating that you moved and needs the address to be updated asap. She said the EADs wil goto my address and won't be forwarded....
cjagtap
11-21 10:17 AM
Sreeanne is correct. We had one friend who died in 9-11 and his wife and kid got visa to stay back for few years until she finished her paperwork. Plan for 2-3 options for your family, and just dont depend on continuing GC.
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lost_in_migration
05-01 04:52 PM
simple1 copy INA in your very 1st and 2nd post or else it would be lost somewhere halfway.
great, thanks to lost_in_migration for posting INA.
sorry snathan I should have posted it earlier myself. it will answer all your questions.
great, thanks to lost_in_migration for posting INA.
sorry snathan I should have posted it earlier myself. it will answer all your questions.
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Ushakiran
05-10 06:25 PM
Did I say Nigerians should stand behind ALL of Chinese and Indians??? Can you read English? What I am saying is all should stand in line purely based on priority date, no matter whether he is Chinese, Indian, Japanese, or Nigerian. Yes, we were aware of the quota. yes, the quota has been there for a while. are you aware of robbery in this country? does that mean robbery is good? does that mean we should not do anything about that?
You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
fide_champ
04-20 09:34 PM
Report them to USCIS and blacklist them. They don't get anything by suing you. They have more to lose if you report them to USCIS.
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mirage
03-06 03:35 PM
They are not going to do what you tell them, 5 year is just an example, people are waiting for 9 years. I say 5 becaue even ROW is 2 year back, so asking 2 would be like take it off...Dude,
Don't you like the second part which says
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
I personally think 5 years is a long wati. 2 years may be reasonable.
Don't you like the second part which says
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
I personally think 5 years is a long wati. 2 years may be reasonable.
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simple1
05-04 11:24 PM
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
more...
black_logs
05-03 10:37 AM
Yes, that is one of the parts I loved in this bill.
We have to go to a consulate in our home country to get VISA stamping.
1000's of us are affected. SKIL bill Section 402 is addressing this.
We have to go to a consulate in our home country to get VISA stamping.
1000's of us are affected. SKIL bill Section 402 is addressing this.
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sunsuri
08-19 06:54 PM
I got my EAD card yesterday. I am still waiting for receipt number for I-485 / I-131 though.
Congrats. Good to know that. Few days back I remember your checks hadn't cashed. Did you have a single check for EAD, 485 and 131 or seperate checks?
Congrats. Good to know that. Few days back I remember your checks hadn't cashed. Did you have a single check for EAD, 485 and 131 or seperate checks?
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justAnotherFile
07-20 12:07 PM
As far as ideas for mode of Re-imbursement,
it is quite simple and straightforward I think.
1. Publish Aman's address,
2. Instruct all pledgers to send cheques to his address made Payable to "Aman Kapoor".
3. Publish a letter template, which states something to the effect "I am hereby sending a cheque for $xx to re-imburse Aman Kapoor for his expenses incurred while fighting for the rights of legal high-skilled immigrants. I am fully aware that this contribution is not intended to be used towards the Immigration Voice Non-Profit Fund and that it is specifically for re-imbursement of past expense incurred by Aman. I am fully aware that I am sending this amount of my own will out of gratitude towards him for fighting for my rights. I hereby also waive all my rights to request him to refund this amount or to file any litigation in this matter."
4. All pledgers have to send this signed letter along with their cheque.
Note:
- i have not thought about tax consequences and we should not discuss that here as it is a personal matter, rather you can chat with Aman and fine tune this method.
- it may be easier to set up a Administrative expense account within IV for this purpose as this may be ongoing affair, expenses incurred by core team is bound to keep going up in future.
it is quite simple and straightforward I think.
1. Publish Aman's address,
2. Instruct all pledgers to send cheques to his address made Payable to "Aman Kapoor".
3. Publish a letter template, which states something to the effect "I am hereby sending a cheque for $xx to re-imburse Aman Kapoor for his expenses incurred while fighting for the rights of legal high-skilled immigrants. I am fully aware that this contribution is not intended to be used towards the Immigration Voice Non-Profit Fund and that it is specifically for re-imbursement of past expense incurred by Aman. I am fully aware that I am sending this amount of my own will out of gratitude towards him for fighting for my rights. I hereby also waive all my rights to request him to refund this amount or to file any litigation in this matter."
4. All pledgers have to send this signed letter along with their cheque.
Note:
- i have not thought about tax consequences and we should not discuss that here as it is a personal matter, rather you can chat with Aman and fine tune this method.
- it may be easier to set up a Administrative expense account within IV for this purpose as this may be ongoing affair, expenses incurred by core team is bound to keep going up in future.
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kdprasad
08-13 07:58 PM
My wife got her receipt notice today
RD: July 2nd, ND: Aug 6th.
Did the checks get cashed?? I rcvd the receipt notice for both my wife and myself but the checks are not cashed for my wife (I cannot check on my checks that are provided by the company)
RD: July 2nd, ND: Aug 6th.
Did the checks get cashed?? I rcvd the receipt notice for both my wife and myself but the checks are not cashed for my wife (I cannot check on my checks that are provided by the company)
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sushilup
08-19 12:19 PM
same for me tooo...
I also didn't apply AP..
Did you call TSC?
I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
and approve I485...BIG IF ...if i m lucky...
Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...
I also didn't apply AP..
Did you call TSC?
I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
and approve I485...BIG IF ...if i m lucky...
Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...
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shukla77
02-17 11:40 AM
I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
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desibechara
11-21 12:48 PM
Mehul:
first of all, do not lose hope. You should be determined to fight.
Please be sure we all have problems and all of us are fighting so do not think you are the unlucky one...take that thought out of your mind. And then fight and if you are determined to live, you can even beat this so called fatal disease! It is all in you, the power, bring out the power, whether you do Yoga or prayers... You can fight. You must understand that God is in you and even in your so called fatal cancer. God is everywhere, even in each action you do..connect with IT...and you will be at peace..and if you feel being in US will help all of you, so pray for it...BUT YOU MUST FIGHT AND CONNECT..
whether YOGA or PARYERS..its upto you..constantly think about IT...
Connect with IT
and YOU WILL DEFINTELY GET THE ANSWER! Please do not self pit yourself...NEVER GET THAT THOUGHT IN YOUR MIND..
BE THE FORCE WITH YOU! HAVE FAITH IN IT! YOU WILL DO GOOD! ALL YOU YOU WILL DO GOOD!
first of all, do not lose hope. You should be determined to fight.
Please be sure we all have problems and all of us are fighting so do not think you are the unlucky one...take that thought out of your mind. And then fight and if you are determined to live, you can even beat this so called fatal disease! It is all in you, the power, bring out the power, whether you do Yoga or prayers... You can fight. You must understand that God is in you and even in your so called fatal cancer. God is everywhere, even in each action you do..connect with IT...and you will be at peace..and if you feel being in US will help all of you, so pray for it...BUT YOU MUST FIGHT AND CONNECT..
whether YOGA or PARYERS..its upto you..constantly think about IT...
Connect with IT
and YOU WILL DEFINTELY GET THE ANSWER! Please do not self pit yourself...NEVER GET THAT THOUGHT IN YOUR MIND..
BE THE FORCE WITH YOU! HAVE FAITH IN IT! YOU WILL DO GOOD! ALL YOU YOU WILL DO GOOD!
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jthomas
05-31 01:49 AM
...
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pappu
02-14 04:32 PM
Thank you everyone that contributed till now.
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beautifulMind
12-17 01:05 AM
been in us since 1999 and lost my earlier priorty date and now my priority date is Jan 2007...it sucks...the only good thing is i now have EAD and AP. everyone who is here fro last 5-6 years should be current with priority dates..
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xeixas
09-10 02:33 AM
It looks like prior to this visa bulletin, the DOS was just guessing the dates for the visa bulletins. Hopefully this behavior changes moving forward.
The best example to illustrate this is EB3-ROW:
1) Back in October 2006, this category was on 01MAY02. Very close to where it is right now.
2) DOS was not getting enough visas from USCIS, so they increased the date. By May of 2007 (Same Fiscal Year) the date was 01AUG03.
3) They still didn't get enough visas. So, by June of 2007 they moved it to 01JUN05.
4) The July 07 bulletin happened and after that everything became unavailable.
5) Then in October 2007, when the USCIS had not revised any of the July 07 applications, the DOS still didn't know what to expect, so they went back to 01AUG02.
6) Again, they didn't get enough applications, so they moved the date up. By January 08 they were in 15OCT02. And in Jun, they went all the way to 01JAN06. Then they became unavailable again.
7) In October of 2008 the date was in 01JAN05, which means that USCIS was not done with the July 07 cases and DOS didn't know what to expect. In April of this year they go back to 2003 (some I-485s that were received back in 2007 getting approved?) and then they became unavailable.
8) Now in October 2009 they are back in 2002.
With dates going from 2001 to 2005 then back to 2002 then up to 2006 then back again to 2002 (EB3-ROW in the last 3 years), it is easy to conclude that up until now, USCIS and DOS have been gambling with the dates. So the October bulletin could mean one of two things: 1) Either they have valid data now and the dates for this bulletin are realistic, which would be good because at least we would know now where we stand or 2) They are still gambling, which is neither good or bad, because with the previous history of movement in the dates, the dates could go back to 2006 again or even further...
The best example to illustrate this is EB3-ROW:
1) Back in October 2006, this category was on 01MAY02. Very close to where it is right now.
2) DOS was not getting enough visas from USCIS, so they increased the date. By May of 2007 (Same Fiscal Year) the date was 01AUG03.
3) They still didn't get enough visas. So, by June of 2007 they moved it to 01JUN05.
4) The July 07 bulletin happened and after that everything became unavailable.
5) Then in October 2007, when the USCIS had not revised any of the July 07 applications, the DOS still didn't know what to expect, so they went back to 01AUG02.
6) Again, they didn't get enough applications, so they moved the date up. By January 08 they were in 15OCT02. And in Jun, they went all the way to 01JAN06. Then they became unavailable again.
7) In October of 2008 the date was in 01JAN05, which means that USCIS was not done with the July 07 cases and DOS didn't know what to expect. In April of this year they go back to 2003 (some I-485s that were received back in 2007 getting approved?) and then they became unavailable.
8) Now in October 2009 they are back in 2002.
With dates going from 2001 to 2005 then back to 2002 then up to 2006 then back again to 2002 (EB3-ROW in the last 3 years), it is easy to conclude that up until now, USCIS and DOS have been gambling with the dates. So the October bulletin could mean one of two things: 1) Either they have valid data now and the dates for this bulletin are realistic, which would be good because at least we would know now where we stand or 2) They are still gambling, which is neither good or bad, because with the previous history of movement in the dates, the dates could go back to 2006 again or even further...
mchatrvd
09-10 01:07 PM
I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....
psaxena
09-10 03:58 PM
Plain and simple question, are you a donor or a volunteer.. if yes.. then you must be aware of
the different initiatives that IV has taken up for EB3, which I guess you are not aware of.
As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.
I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.
Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
the different initiatives that IV has taken up for EB3, which I guess you are not aware of.
As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.
I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.
Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
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