gauravster
02-25 09:42 AM
Reading through this, this only says that the status cannot be changed (to a PR). It does not say that the prefiling of of AOS application cannot be done.
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems. It argues that "there is nothing in the INA that compels a particular definition or understanding of what "immediate availability" means."
I am definitely in for such a initiative.
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
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.
This means that visa number must be available at the time of filing I-485.
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems. It argues that "there is nothing in the INA that compels a particular definition or understanding of what "immediate availability" means."
I am definitely in for such a initiative.
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
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.
This means that visa number must be available at the time of filing I-485.
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
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vik352
06-26 04:06 PM
If there any IV volunteers around DC, it would good to go his DC office and if possible meet the congressman itself to explain our case.
Totoro
05-06 05:55 PM
Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.
The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.
One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.
The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.
One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.
2011 Justin Bieber (Pic:AP)
lordoftherings
06-19 10:21 PM
So assuming this is all correct and comes to pass what will EB GC applicants do from the date this is decreed to take effect (May 15th, June 19th October 1st etc.) until October 2008? Will there just be no applications allowed for over a year and existing applications made past the cut-off date get scrapped?
Does anybody has answer to this qns please?
Does anybody has answer to this qns please?
more...
gconmymind
04-25 06:25 PM
Paypal Txn - 9JE97728L1653061Y
More will follow shortly...
Thanks for doing so much for the community!!!
More will follow shortly...
Thanks for doing so much for the community!!!
RahSaj
05-30 09:53 PM
Amount = $50.00
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vamsi_poondla
09-05 12:57 PM
vamsi, go ahead and do it now, wont take long.
Done that. Spoke with Kanika, arranging for meeting my area congressman.
Done that. Spoke with Kanika, arranging for meeting my area congressman.
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Regal22
07-21 07:54 AM
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let�s get IV�s attention and support in this area. Let�s talk to AILA. Let�s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let�s write to media personnel. Let�s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let�s get IV�s attention and support in this area. Let�s talk to AILA. Let�s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let�s write to media personnel. Let�s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
more...
surabhi
06-25 05:49 PM
Yes , its Free :D Anyway - lets talk with a 3rd person (maybe USCIS) and confirm. Its Free, if you read the EAD forms its clearly written that once some one pays $340 ( not other amount) it becomes FREE for ever. I just checked the EAD forms again before writing this post - let me PASTE from EAD forms if that clear the confusion.
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
Its free only for those who file I-485 ( Not EAD) under new fee structure. Thats what it says in point# 5. adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007 . Its about I-485 application, not EAD
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
Its free only for those who file I-485 ( Not EAD) under new fee structure. Thats what it says in point# 5. adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007 . Its about I-485 application, not EAD
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Karthikthiru
06-08 03:46 PM
I would definitely agree that even if CIR comes back it has lot of negative things for people who are comming legally like us. We need to think of a different strategy which does not require a legislation which brings lot of attention against us. I can personally say that I will atleast add 10 more members with recurring contributions in a short time. Right now I will double or triple by monthly recurring contributions. I do agree with the core members that we do need lot of money now to lobby. There are are communities which I don't want to say publicly - even though there are in small numbers they have laws passed in favour of them. It is very simple - we need the MONEY POWER
Karthik
Karthik
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pathiren
05-19 09:47 PM
$100 in from me. Thanks for keeping up the good work. Paypal (Unique Transaction ID #20T60510UC356650H)
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GCard_Dream
03-21 04:32 PM
The following are your words, aren't they? I am not sure how anyone could read this anything other than a suggestion that people in ROW category are unskilled and a worker from a oversubscribed country is skilled. You may be the most skilled, intelligent and smart person around here but rest of us can at least read and gather what you are trying to say.
I have nothing against you but I wouldn't want people calling ROW folks unskilled. I know you were talking about EB3 ROW but there are ton of engineers, software designers, and many more who applied in EB3 (some by skill sets, some by force, and some by choice). They are not unskilled people by any stretch of imagination.
.... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
I have nothing against you but I wouldn't want people calling ROW folks unskilled. I know you were talking about EB3 ROW but there are ton of engineers, software designers, and many more who applied in EB3 (some by skill sets, some by force, and some by choice). They are not unskilled people by any stretch of imagination.
.... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
more...
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acecupid
05-31 10:28 PM
Well one can avoid Air France if it 'makes you feel better'
The Crux of the matter is 'Indians discriminate Indians !!!!'. You see that everyday.....
1.Indian embassies in US...
2.Air India service is better for Goras and Goris than us...
3.Even in a website called IV and the list goes on and on.
Its been long forgotten that we were once the richest country in the world with a amazing history and cultural background.
Bottom line: Once a fellow Indian starts respecting another fellow Indian 'others will follow'.
Cheers!!!
By not standing up for your fellow indian and boycotting AF you are dis-respecting your fellow indian since you dont seem to care about the racist experience they had. So how are you different from "indians who discriminate indians" ? :confused: Just because we had a legacy of caste system doesnt mean you dont have to stand up for what is wrong. Your indifferent attitude/actions seems to contradict your own statements.
The Crux of the matter is 'Indians discriminate Indians !!!!'. You see that everyday.....
1.Indian embassies in US...
2.Air India service is better for Goras and Goris than us...
3.Even in a website called IV and the list goes on and on.
Its been long forgotten that we were once the richest country in the world with a amazing history and cultural background.
Bottom line: Once a fellow Indian starts respecting another fellow Indian 'others will follow'.
Cheers!!!
By not standing up for your fellow indian and boycotting AF you are dis-respecting your fellow indian since you dont seem to care about the racist experience they had. So how are you different from "indians who discriminate indians" ? :confused: Just because we had a legacy of caste system doesnt mean you dont have to stand up for what is wrong. Your indifferent attitude/actions seems to contradict your own statements.
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Michael chertoff
03-26 11:00 PM
EB3 porting is a loophole like labor substitution.
when I came here 6 yrs ago, I had the option of applying in EB3 with a top 4 consulting US firm and I did not want to go that route. I waited until 2010 to apply in EB2.
Looks like People should come to the US as freshers or with 1-2 yrs experience > Apply in EB3 > Gain 5-6 yrs in experience > Port and BOOM, you have your GC.
How can people claim PD porting at a later date when they were not eligible on that specific date in the first place at that time? I know it's legal just like Labor Substitution.
Thats what i am saying. Agreed.
when I came here 6 yrs ago, I had the option of applying in EB3 with a top 4 consulting US firm and I did not want to go that route. I waited until 2010 to apply in EB2.
Looks like People should come to the US as freshers or with 1-2 yrs experience > Apply in EB3 > Gain 5-6 yrs in experience > Port and BOOM, you have your GC.
How can people claim PD porting at a later date when they were not eligible on that specific date in the first place at that time? I know it's legal just like Labor Substitution.
Thats what i am saying. Agreed.
more...
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eb3_nepa
03-08 04:10 PM
because for people from Aus, their spouses can work.
There is a different visa category for australians called E1, only THOSE ppl's spouses can work. If an australian is on an H1 his wife cannot work on an H4 either.
In that case you also have to argue, why H4's cant work but L2's can? :)
There is a different visa category for australians called E1, only THOSE ppl's spouses can work. If an australian is on an H1 his wife cannot work on an H4 either.
In that case you also have to argue, why H4's cant work but L2's can? :)
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qualified_trash
07-18 02:30 PM
Its not over till its over :), and its not over yet by any means. I am willing to wait and fight ;) . Everyone has priorities in life, each person would view GC situation differently. For me, its not the ultimate dream, but just a vehicle to continue my journey for some more time (with peace of mind). I am definitely looking to gray my hair in my home country or atleast be there once I am grayed haired :D
Doing an MBA/PMI and looking for managerial job is the only realistic possibility for most, I don't think most people would wanna still be programming when they turn 40/45 (depending on how old/young you feel).
My gut feel is that there will be some kind of relief by end of 2007 or early 2008
BumbleBee
and I am looking to retire in Florida :-))
I agree with you that it is worth waiting and fighting for.
Doing an MBA/PMI and looking for managerial job is the only realistic possibility for most, I don't think most people would wanna still be programming when they turn 40/45 (depending on how old/young you feel).
My gut feel is that there will be some kind of relief by end of 2007 or early 2008
BumbleBee
and I am looking to retire in Florida :-))
I agree with you that it is worth waiting and fighting for.
more...
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angelfire76
02-14 09:05 PM
For any effort towards making this happen. This will be a huge benefit for those of us who missed the July 2007 lottery. The only AC21 rejection that I've personally known is of a guy who quit after getting his EAD and started a business: consulting business to be PC. Made himself the "Chief Architect" and CIS said that his job description does not in anyway match his PERM application.
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zephyrr
07-24 11:06 AM
normally i would not respond to such a comment, but let me give a simple example...
let us say that the Fed suddenly comes out and changes the interest rates on the market, say from 5% to 8%. do you know what'll happen to it? it will cause chaos to say the least, and even worse. well, according to your reasoning, the Fed could say, hard luck guys, better luck next time...there are no rules binding the Fed to align interest rates to market expectations... - but guess what, the Fed tries hard, real hard to do just that - to keep interest rates in line with market expecations. it is a question of bringing stability and fairness to the system (in this case the market).
the same should be true of stupid govt immigration agencies. and if u call it luck, well it is time to change it, isn't it.
Its delayed process and not a deliberate effort that is the reason for you not getting your LC. I see no logic for you to su DOL. I do feel bad for you but I will say sit back as these things some time happens with every one. I am sure you will be in good shape as Backlog processing Center will be finishing remaining LC's very soon.
Its just luck ....
let us say that the Fed suddenly comes out and changes the interest rates on the market, say from 5% to 8%. do you know what'll happen to it? it will cause chaos to say the least, and even worse. well, according to your reasoning, the Fed could say, hard luck guys, better luck next time...there are no rules binding the Fed to align interest rates to market expectations... - but guess what, the Fed tries hard, real hard to do just that - to keep interest rates in line with market expecations. it is a question of bringing stability and fairness to the system (in this case the market).
the same should be true of stupid govt immigration agencies. and if u call it luck, well it is time to change it, isn't it.
Its delayed process and not a deliberate effort that is the reason for you not getting your LC. I see no logic for you to su DOL. I do feel bad for you but I will say sit back as these things some time happens with every one. I am sure you will be in good shape as Backlog processing Center will be finishing remaining LC's very soon.
Its just luck ....
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rajsand
09-20 12:54 PM
I think bribing would mean IV paying people to come to the rally...! Here we ar eonly registering them...
On second thoughts, we could collect $30 or so for food and bring lunch packets.. and forget the reimbursement part..!
$30 will go towards food & water and also for organising the event!!
On second thoughts, we could collect $30 or so for food and bring lunch packets.. and forget the reimbursement part..!
$30 will go towards food & water and also for organising the event!!
PlainSpeak
03-28 08:19 PM
I recommend you apologize to MC and don't make this a circus
Not sure what you mean here. MC is not angry at me, If anything he is angry at snathan :D
Also i admire you digging through my old emails to get that nugget of information out but you wasted your time going through the old posts unless it has opened your minds at last but wait !!!!! what am i thinking. You belong to the 2 gang !!!!
Also the reason for the . is very simple. I was using it to test whether my post was still being blocked by IV or not. ironic huh :)
thats pretty ridiculous, why don't you prove it
Now i don't need to prove anything. You have done that by your reply.
Garv Se Bolo Legal Immigrant
Garv Se Bolo Regular (Not Highly) educated Skilled applicant for GC
Garv Se Bolo EB3 I
Not sure what you mean here. MC is not angry at me, If anything he is angry at snathan :D
Also i admire you digging through my old emails to get that nugget of information out but you wasted your time going through the old posts unless it has opened your minds at last but wait !!!!! what am i thinking. You belong to the 2 gang !!!!
Also the reason for the . is very simple. I was using it to test whether my post was still being blocked by IV or not. ironic huh :)
thats pretty ridiculous, why don't you prove it
Now i don't need to prove anything. You have done that by your reply.
Garv Se Bolo Legal Immigrant
Garv Se Bolo Regular (Not Highly) educated Skilled applicant for GC
Garv Se Bolo EB3 I
venky08
05-30 06:25 PM
i knew something good was gonna happen...sweet dude...
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