simple1
05-05 02:57 AM
Agreed it is the state dept not uscis.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
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syzygy
07-08 04:58 AM
This is one the latest articles which highlights America's racial discrimination policy as regards immigration.
Please read and digg.
http://digg.com/politics/Racial_Discrimination_policy_followed_for_LEGAL_IM MIGRATION_in_USA
Please read and digg.
http://digg.com/politics/Racial_Discrimination_policy_followed_for_LEGAL_IM MIGRATION_in_USA
greencard_fever
08-12 02:27 PM
I think we got our green cards.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 12, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service.
Only catch for us is that we are moving next weekend!! I am going to do change of address with USCIS immediately, but in the meanwhile what if they mail documents to my old address? Any suggestions?
Also whats ADIT.
BTW our case was at NSC and priority date is May 2004. Application mailed Aug7th 2007.
vdixit
Congrats!! can you also post this approval in another thread which is for NSC-approvals..BTW were there are any LUD's on your 485 before approval
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 12, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service.
Only catch for us is that we are moving next weekend!! I am going to do change of address with USCIS immediately, but in the meanwhile what if they mail documents to my old address? Any suggestions?
Also whats ADIT.
BTW our case was at NSC and priority date is May 2004. Application mailed Aug7th 2007.
vdixit
Congrats!! can you also post this approval in another thread which is for NSC-approvals..BTW were there are any LUD's on your 485 before approval
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desi3933
07-08 04:00 PM
.....
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
From legal point of view, you are incorrect.
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
From legal point of view, you are incorrect.
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
more...
delax
08-20 09:36 AM
FYI - for those approved and waiting for cards in the mail! Here are the details for self, spouse and child - all approved at the same time.
CPO - Email recd on Aug 11 saying CPO on Aug 9.
Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
Aug 13 - Soft LUD
Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.
CPO - Email recd on Aug 11 saying CPO on Aug 9.
Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
Aug 13 - Soft LUD
Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.
h1bmajdoor
09-30 01:00 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
best talk to a lawyer. It is worth the money in this case. These are arcane areas of the law, and once you make a mistake, you will be harassed all your life here.
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
best talk to a lawyer. It is worth the money in this case. These are arcane areas of the law, and once you make a mistake, you will be harassed all your life here.
more...
hiUS
10-03 11:05 AM
PD 2002 Sept EB2
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
If you have any emergency to go out of country or to change jobs, you can get your passport stamped by taking an Infopass appointment or you can request IO to upload the Biometrics to TSC. you will get the card in 10 or 15 business days after uploading the biometrics. either way your GC is approved..so no worries.
My answer is depending on my experience with GC.
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
If you have any emergency to go out of country or to change jobs, you can get your passport stamped by taking an Infopass appointment or you can request IO to upload the Biometrics to TSC. you will get the card in 10 or 15 business days after uploading the biometrics. either way your GC is approved..so no worries.
My answer is depending on my experience with GC.
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desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
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.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
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.
..............
.
more...
indigokiwi
02-25 03:58 PM
Contributed another $50 (Transaction ID: 71P262761L0967946)
Tony, what is the deadline for raising the money?
Tony, what is the deadline for raising the money?
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bluez25
07-08 02:12 AM
Sent...Asked couple of my friends who are not members also to send and they accepted to send the flowers...
more...
rc0878
08-29 04:25 PM
I know man....i called them today and refered to their latest update ....and they bluntly ask to wait for atleast 90 days before they can provide any info...
There are 1000s waiting for receipts , filed before July 24th . Hope someone apprises USCIS that people are aware of it & they cannot fool millions just by a silly update (who is asking for it anyways!)!
Applied to NSC on 18th July and received on 19th by F.HAUINER (has anyone received application by this person.. asking just to check if mine reached the right place)
Receipts : Not Yet
PD : Feb 2003
There are 1000s waiting for receipts , filed before July 24th . Hope someone apprises USCIS that people are aware of it & they cannot fool millions just by a silly update (who is asking for it anyways!)!
Applied to NSC on 18th July and received on 19th by F.HAUINER (has anyone received application by this person.. asking just to check if mine reached the right place)
Receipts : Not Yet
PD : Feb 2003
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CADude
08-24 01:53 PM
It's seems TSC again in sleep mode.. Hope next week will be better.. We will cross 60 days from filing.. 30 days more to go for any CSR help unless they say call after 120 days.. :D:D
more...
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gc_chahiye
07-08 01:10 AM
if it takes 2 or 3 years to fight this case, what is the use
even if AILF wins in say 2 years:
0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!
1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.
2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.
even if AILF wins in say 2 years:
0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!
1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.
2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.
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ThinkTwice
07-20 12:54 AM
Did you know that Aman Kapoor the founder of IV has contributed $64000 of his personal money towards the efforts of IV? Yes that is correct Sixty Four Thousand USD. http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives
I was dumbfounded when I first found this out. The man must have real conviction and courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but there is something we can do.
Please take out your wallet and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause.
I was dumbfounded when I first found this out. The man must have real conviction and courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but there is something we can do.
Please take out your wallet and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause.
more...
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lord_labaku
09-16 07:24 AM
Dudes & Dudettes,
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
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krishnam70
07-05 02:03 PM
There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.
I think you need to read the grounds on which AILA and other think there is a strong case again. You dont understand the basic issue.. yes they can change the bulletin any time they want, that is perfectly within the law and yes they are not bound to pay compensation. However the fact that in making the dates current overnight and adjudicating so many cases in such a short time and actually requesting a visa # from DOS etc etc are all contravening the law and thats why there is a strong case..
see this thread in IV for more info
http://immigrationvoice.org/forum/showthread.php?t=6063
cheers
I think you need to read the grounds on which AILA and other think there is a strong case again. You dont understand the basic issue.. yes they can change the bulletin any time they want, that is perfectly within the law and yes they are not bound to pay compensation. However the fact that in making the dates current overnight and adjudicating so many cases in such a short time and actually requesting a visa # from DOS etc etc are all contravening the law and thats why there is a strong case..
see this thread in IV for more info
http://immigrationvoice.org/forum/showthread.php?t=6063
cheers
more...
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abhijitp
07-06 08:50 PM
--
- There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
- Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
- IV will organize a similar event on 14th July. We will publish details about location/route/time soon.
Hope this is clear.
I will participate in the IV endorsed event on 14th/ 21st July. Thanks for clarifying!
- There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
- Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
- IV will organize a similar event on 14th July. We will publish details about location/route/time soon.
Hope this is clear.
I will participate in the IV endorsed event on 14th/ 21st July. Thanks for clarifying!
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Libra
09-04 10:12 AM
congrats heathere3, and welcome to IV. there is a rally on sep 18th in DC if you dont know about it. please participate in rally and contribute in whatever way you can. thanks.
I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
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CADude
03-25 05:50 PM
You are an optimistic guy. keep it up. I used to be same once upon a time. Not Any More... :D
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
dc2007
12-17 12:57 PM
1. Good health (which we often take for granted)
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
Dear,
What are you doing for 7 years in US if you have not studied here and just started career ? or I have mis-understood what you said above?
But to me if you are not saving some money while in US, its not worth it staying here, away from family/friends.
Good Luck
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
Dear,
What are you doing for 7 years in US if you have not studied here and just started career ? or I have mis-understood what you said above?
But to me if you are not saving some money while in US, its not worth it staying here, away from family/friends.
Good Luck
mp70
02-14 10:09 AM
Contributed 100 dollars.
Paypal Transaction reference: 8PN25533RJ402645G
Thanks
Paypal Transaction reference: 8PN25533RJ402645G
Thanks
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