Naveen
05-04 07:59 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
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desi3933
06-26 10:06 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
Kodi
07-31 02:08 PM
Are AP's being approved faster ?
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
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jgh_res
07-20 03:36 AM
I pledge 100 dollars. Please let me know how I need to send it over. Send any action alert to my associated email id.
I could not update the google spreadsheet. Can somebody do it for me...
I could not update the google spreadsheet. Can somebody do it for me...
more...
heathere3
09-04 10:05 AM
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 ??
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
bostonqa
06-11 01:37 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
I think the answer is yes, we will get our EAD and AP.
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
I think the answer is yes, we will get our EAD and AP.
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
more...
USofA
09-01 03:10 PM
Two SLUDs on just primary applicant 485...Gurus can guess what can be expected?
8/10 - Opened SR and no response to that yet
8/31 - This morning (9/1) saw a SLUD dated 8/31 which wasn't there until 10EST yesterday.
9/1 - Again another SLUD dated 9/1 this afternoon.
8/10 - Opened SR and no response to that yet
8/31 - This morning (9/1) saw a SLUD dated 8/31 which wasn't there until 10EST yesterday.
9/1 - Again another SLUD dated 9/1 this afternoon.
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jkays94
05-02 08:23 PM
Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
more...
venkybr
08-27 12:58 PM
I-485 application reached NSC on July 11th 9:13 am, signed by K.LAWSON. No receipts yet.
PD - 06/2006, EB-3, INDIA
I-140 - Approved NSC, 10/2006
PD - 06/2006, EB-3, INDIA
I-140 - Approved NSC, 10/2006
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apahilaj
12-07 03:50 PM
When the cases gets shuffled around the country from NSC to CSC and back, the dtabases are separate. FP notices are generated when information on different databases are alligned together.
Hi,
Would you mind letting me know how did you find out about this database allignment information? Did any IO or any USCIS official told you about this?
Hi,
Would you mind letting me know how did you find out about this database allignment information? Did any IO or any USCIS official told you about this?
more...
svinjamur
07-03 07:25 PM
EB2 category
I did not get an approval for the 485 so was thinking what the process was here. Am I not supposed to be getting an approval notice in the email before the "Card Ordered" message came through ? I hope everything is over now, it was a long 51/2 years wait and just when you loose hope in the whole process this message turns up in my Inbox. I love this site and will continue to support it in whatever manner I can
:)
I did not get an approval for the 485 so was thinking what the process was here. Am I not supposed to be getting an approval notice in the email before the "Card Ordered" message came through ? I hope everything is over now, it was a long 51/2 years wait and just when you loose hope in the whole process this message turns up in my Inbox. I love this site and will continue to support it in whatever manner I can
:)
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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.
more...
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chalamcharla
10-10 02:13 PM
Still Waiting !! 90 days reached, Received by R.Williams on July 5th , Nebraska. Did any july 5th filers got receipts from NSC :o:confused::mad:
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pkv
01-22 08:59 PM
All,
I've to complete my landing in next 2 weeks before my visa expires.
I've to come back immediately and I need an Alerta address while entering Canada where CIC would send my PR card. I tried hard but couldn't find anyone known in Alberta.
Can someone help me here? Please let me know if you know someone who lives in Alberta and can courier my PR card to me in USA after receiving it.
Would really really appreciate any help on this.
Thanks,
I've to complete my landing in next 2 weeks before my visa expires.
I've to come back immediately and I need an Alerta address while entering Canada where CIC would send my PR card. I tried hard but couldn't find anyone known in Alberta.
Can someone help me here? Please let me know if you know someone who lives in Alberta and can courier my PR card to me in USA after receiving it.
Would really really appreciate any help on this.
Thanks,
more...
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voradharmesh
05-23 10:37 AM
Is it already introduced in Senate?
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
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vxg
11-21 09:35 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
more...
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chi_shark
07-10 10:18 AM
Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.
Do you have evidence or can you point me in that direction where i can find some... this is for the bold text above...
Do you have evidence or can you point me in that direction where i can find some... this is for the bold text above...
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dpp
07-28 03:09 PM
As far i know in the whole world, nobody thinks about the group unless it is beneficial to himself(herself) first. This is natural human mentality, there is nothing wrong in it. Only exception is "Saints". I don't think we are Saints.
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
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vnsriv
11-21 09:44 AM
I am sitting here in front of my laptop for 10 minutes, still I don't know what to say.
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
I still cannot breathe after reading this. I juste prayed to God for you. Don't loose your hope. I am sure you are trying or tried all types of cures. I have deep faith in Pranayam/Yoga. I am not sure if you have heard about SWAMI RAMDEV JI. He teaches pranayam and here's link to his forum http://forums.curesearch.org/ShowPost.aspx?PostID=631 . Try to meet him if possible. Our best wishes are always with you. May God bless the family.
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
I still cannot breathe after reading this. I juste prayed to God for you. Don't loose your hope. I am sure you are trying or tried all types of cures. I have deep faith in Pranayam/Yoga. I am not sure if you have heard about SWAMI RAMDEV JI. He teaches pranayam and here's link to his forum http://forums.curesearch.org/ShowPost.aspx?PostID=631 . Try to meet him if possible. Our best wishes are always with you. May God bless the family.
EndlessWait
04-16 12:07 PM
after filing 485. is it complicated?
GCStatus
09-16 02:58 AM
You may want to follow up with them via a PM or email. Check the IV core link.
Yep, did already
Yep, did already
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