battineni
07-13 11:05 AM
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
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venkataramesh
07-02 01:14 PM
Done
CSPAvictim
07-09 06:30 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.
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.
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tomatocup
09-19 04:25 PM
Million thanks to IV's superior organization. I am glad that my friends and I attended this event. It's just a little sad to see the local news channels reported the small protests by illegal immigrants in the Prince William County in MD but not our well-organized rally. Many people passing by us still think we are undocumented. I fully support the ideas from other members that we should highlight "LEGAL" everywhere.
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gimme_GC2006
03-09 02:02 PM
hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
kumar1
03-16 01:04 AM
Once again, just like DESI said -- you do care about the comments otherwise you would not have posted your replies at 1 AM.
I am not sure which school in India you are pointing to, but I have a 4 year degree from IIT Delhi, and I am in EB-3. Why?? No point telling you! My wife is also from IIT Delhi....on H4. Why? No point telling you!
You are naieve!
so if you have a 4-year degree you consider yourself "highly-skilled"??
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
I am not sure which school in India you are pointing to, but I have a 4 year degree from IIT Delhi, and I am in EB-3. Why?? No point telling you! My wife is also from IIT Delhi....on H4. Why? No point telling you!
You are naieve!
so if you have a 4-year degree you consider yourself "highly-skilled"??
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
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senthil1
02-04 03:40 AM
Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
See response below.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
See response below.
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jthomas
10-16 05:41 PM
I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
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belmontboy
02-19 04:11 AM
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
How exactly are illegals going to prove that they have been here for more than 5 years?
How exactly are illegals going to prove that they have been here for more than 5 years?
hair Part, cel phone,diagram of
imneedy
05-06 03:04 PM
They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)
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Legal_In_A_Limbo
03-10 11:10 AM
Guys.....if you want to change representation to self in your 485 case, you do not need to file a form G-28......G-28 is for lawyers seeking permission to represent you. You do not need a permission for yourself............all you have to do is send USCIS a letter saying all future correspondence should be done with you and you are representing yourself on this case hereon....follow up after a month after sending the letter to ensure they have changed you as the point of contact on the case........If you are substituting your current lawyer by another one, then you need a new G-28
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
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BharatPremi
09-19 11:03 AM
we made them understand the difference between legal and illegal immigration.
Are you kidding or Are you seriously quoting this? Do you understand that very people you "made understood" are part of law making process? How can you say that they do not have understanding of "legal" and "illegal" immigration. Man, they are making the laws.
Are you kidding or Are you seriously quoting this? Do you understand that very people you "made understood" are part of law making process? How can you say that they do not have understanding of "legal" and "illegal" immigration. Man, they are making the laws.
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house Plant+cell+diagram+ks3
PresidentO
02-03 02:06 PM
Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
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abd
09-14 05:00 PM
Looks like contacting senator/congressman is pissing off the IOs and they are issuing the RFEs. I wish now that I did not do either of these. But unfortunately I did so I guess I need to bear the consequences. So I should just expect RFE now. I know quiet a few people who wrote to Senators and got RFEs. I guess people in Jul/Aug really overwhelmed the TSC with Senator calls and now we have to face their wrath.
I didn't do anything. I was patiently waiting for my turn. It seems they picked my case for approval and sent RFE because of I-129 revoke which is standard process.
I didn't do anything. I was patiently waiting for my turn. It seems they picked my case for approval and sent RFE because of I-129 revoke which is standard process.
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dontcareanymore
12-12 03:48 PM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
TRUE . I wish they review even approved EB2s (not just ported , but all) and deny them if they are not legitimate or "genuine" in your speak. I also wish they compare the job duties of all these EB2s with others and even perform on-site checks. Then all ORIGINAL and GENUINE EB2s can get the GC.
TRUE . I wish they review even approved EB2s (not just ported , but all) and deny them if they are not legitimate or "genuine" in your speak. I also wish they compare the job duties of all these EB2s with others and even perform on-site checks. Then all ORIGINAL and GENUINE EB2s can get the GC.
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bondgoli007
02-15 07:55 PM
wow!!! Among the most divisive debate if ever I have seen one on IV.
Without offering my opinion on the topic at hand (divide and rule), I think "some" (not all or even most) of the members posting need to take a step back and see how hurtful their posts on this topic are getting to be. Some posts seem to have subtle racial bias and the ones in response seem to read too much into them too.
Guys, try not to post reactive or even respond to posts that are purely personal. I for one feel that this thread really doesn't do anyone any good and though Canuck's reason might have been more noble, it clearly is inducing normally clear headed individuals to get angry :-)
We all agree in general that EB process is a mess and working together we are trying to fix it. Certainly each of us have our preference in 'how' it should be fixed. However the IV core has goals based on broadly accepted potential fixes...lets support those and keep the infighting to a minimum...
GO IV
Without offering my opinion on the topic at hand (divide and rule), I think "some" (not all or even most) of the members posting need to take a step back and see how hurtful their posts on this topic are getting to be. Some posts seem to have subtle racial bias and the ones in response seem to read too much into them too.
Guys, try not to post reactive or even respond to posts that are purely personal. I for one feel that this thread really doesn't do anyone any good and though Canuck's reason might have been more noble, it clearly is inducing normally clear headed individuals to get angry :-)
We all agree in general that EB process is a mess and working together we are trying to fix it. Certainly each of us have our preference in 'how' it should be fixed. However the IV core has goals based on broadly accepted potential fixes...lets support those and keep the infighting to a minimum...
GO IV
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delax
07-13 10:34 AM
Why didnt the EB2 ROW number trickle to ROW EB3 first?
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
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chanduv23
03-13 12:04 PM
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
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ek_bechara
09-10 05:33 PM
Citizenship? LOL... you made my day.
indianindian2006
07-14 05:56 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Ajthakur,
Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Ajthakur,
Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.
alisa
01-23 08:49 PM
And hoping that some more data, some more pointers, and some more information comes out of this thread, before it dies.
Data and estimates and links to websites needed for estimating when a PD would become current.
Data and estimates and links to websites needed for estimating when a PD would become current.
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