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gc28262
04-11 09:03 PM
Thanks for your reply. I appreciate your question. Let me explain you in details.
I am not sure about Mexican illegals but I can tell about Indian.
Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.
I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.
My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!
I remember Mahatma Ganghi's quotes:
" I can wait 100 years for freedom but don't want it through violent route"
khodalmd,
Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.
Here is a USCIS memo regarding 245(i)
http://www.uscis.gov/files/pressrelease/245i.pdf
Relevant portion:
"Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."
On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?
I am not sure about Mexican illegals but I can tell about Indian.
Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.
I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.
My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!
I remember Mahatma Ganghi's quotes:
" I can wait 100 years for freedom but don't want it through violent route"
khodalmd,
Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.
Here is a USCIS memo regarding 245(i)
http://www.uscis.gov/files/pressrelease/245i.pdf
Relevant portion:
"Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."
On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?
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abhijitp
08-03 08:26 PM
abhijitp,
Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??
Actually receiving the I-485 RN implies no rejection, only RFE, that is what the service representative told me about.
Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??
Actually receiving the I-485 RN implies no rejection, only RFE, that is what the service representative told me about.
neverbefore
07-15 05:27 PM
My case is exactly same as yours except my PD is Feb 27th and I received an RFE for Birth Certificate when the dates went current in 2008 August. Since then I saw LUD's for 3 weeks and then its been all quiet I am hoping that means application was pre adjudicated.
Folks, we had an interview in December of 2008 and the IO said that had the dates been current, she would have approved our 485.
Now that we should get current from August 1, can you hazard a guess as to what might most likely happen? Do you think we might get a biometrics notice once again since fingerprints expire after 1 year (my understanding)? Or do you think we might get a CPO notice? Or some other third thing?
Please enlighten. :confused:
Thanks and best regards.
Folks, we had an interview in December of 2008 and the IO said that had the dates been current, she would have approved our 485.
Now that we should get current from August 1, can you hazard a guess as to what might most likely happen? Do you think we might get a biometrics notice once again since fingerprints expire after 1 year (my understanding)? Or do you think we might get a CPO notice? Or some other third thing?
Please enlighten. :confused:
Thanks and best regards.
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willgetgc2005
02-16 11:40 AM
Retrohatao,
Yes. You are right. We got to keep hammering. It is a national security Issue to let people roam for years freely. Such a security fallacy, will prop up any Senators ears.
Ofcourse, we tend to miss such genuine opportunities to raise relevant Issues....
Any idea, how we can make this an agenda and get it to the IV volunteers and office bearers ?
Yes. You are right. We got to keep hammering. It is a national security Issue to let people roam for years freely. Such a security fallacy, will prop up any Senators ears.
Ofcourse, we tend to miss such genuine opportunities to raise relevant Issues....
Any idea, how we can make this an agenda and get it to the IV volunteers and office bearers ?
more...
gc28262
06-11 09:36 AM
resent it !
f1vlad
01-19 11:23 PM
Same happened to me in some small town in NH, about quarter mile from Canada, I was just driving on a local road and I pulled over to check my map. So I sit reading map and I hear knock on my window. All of a sudden see couple of Border Petrol agents.
I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.
Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.
I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.
This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.
I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.
Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.
I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.
This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.
more...
shreekhand
08-15 06:05 PM
That is a fairly correct list of has_to_happen! but do you know there is a significant number or June 07 filers who have passed all these and have got their I-485 approved in the past week or so from the TSC. See and immigrationportal!
thats provided
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
thats provided
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
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arnab221
09-10 05:15 PM
Are they back yet . The link is not working any more .
more...
GreenLantern
03-15 12:30 PM
A robot would be cool. I would do that.
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Libra
09-10 12:09 PM
no, not those people, but my guess many people who are working for desi companies like me defenitely feel this way.
SO LET'S GO TO DC.
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
SO LET'S GO TO DC.
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
more...
texanmom
09-26 11:40 AM
Please deluge both the author (Eilene Zimmerman) and the editor with emails pointing out the misrepresentation of IV's agenda.
Using words like 'defamatory' , "unethical reporting" and 'misrepresentation' catches their attention since they are always afraid of law suits.
Using words like 'defamatory' , "unethical reporting" and 'misrepresentation' catches their attention since they are always afraid of law suits.
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akred
01-21 12:30 PM
My guess is that except for the early years (2001, maybe 2002), EB-2 timelines will be almost identical to EB-3.
Supporting reasons are -
1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.
2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.
Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.
Supporting reasons are -
1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.
2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.
Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.
more...
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StuckInTheMuck
07-28 12:17 PM
Okay, from wine shop to religion to law to constitution, what next :)
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ItIsNotFunny
10-20 01:47 PM
Gave you green to keep ourselves up :)
I also has similar issue. People putting red dots with no messages "." or saying "You Suck".
One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.
One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!
Someone put red dot on this post saying" "some red for you, so you can get used to it :-)".
This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.
I also has similar issue. People putting red dots with no messages "." or saying "You Suck".
One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.
One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!
Someone put red dot on this post saying" "some red for you, so you can get used to it :-)".
This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.
more...
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jonty_11
07-09 06:36 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.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
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.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
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redddiv
07-17 06:46 AM
Shame on You for being liars,
Shame on being ignorant,
Shame on being Arrogant,
Shame on being uneducated,
Shame on being decendents of barbarians.
Shame should be your real name and ancestry.
God Bless you and give you good brains and good behaviour.
Shame on being ignorant,
Shame on being Arrogant,
Shame on being uneducated,
Shame on being decendents of barbarians.
Shame should be your real name and ancestry.
God Bless you and give you good brains and good behaviour.
more...
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BlueSunD
03-11 04:10 PM
You like it? Thanks! Please don�t hate Maya :P, be patient. At first it�s a bit of trial & error, if you started using Max before Maya (I did :)) you�ll know how easy it was doing light linking. But this feature seems to be hard to find if you don�t know where to look, or is it? Give me a minute, I�ll tell you how.
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dressking
09-28 11:19 AM
Well - though white racists may oppose - anything related to economy and development does go through.
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.
But at least when the two groups who are against each other are about the same in size, you will feel less pressure. If you are among few foreign professionals working among a largely native population, you will feel a lot of pressure.
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.
But at least when the two groups who are against each other are about the same in size, you will feel less pressure. If you are among few foreign professionals working among a largely native population, you will feel a lot of pressure.
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Rajeev
01-31 04:28 PM
This is what I have come up with so far. Please everyone, feel free to modify this:
Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
EB3 moved 2 weeks in 10 months!
EB2 hardly moved in 10 months!
If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.
Do you know how this affects you?
� Frustration of sticking to the same employer and no career growth.
� Children not being able to get state benefits.
� Spouses unable to work.
� The feeling of unsettlement.
� Above all, tons of mental stress.
Do you want be in this mess for ever. I am sure you don�t. We deserve better.
We all have to fight together to fix this broken immigration system and achieve IV�s goals to
� Remove retrogression
� Remove backlogs in labor certification
� Remove backlogs in I-140 and I-485 processing
� Revise the way visa quotas for highly skilled workers are determined
Register FREE to become a member today!
www.immigrationvoice.org
Excellent job Varsha. I would like to modify one line.
Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'
Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
EB3 moved 2 weeks in 10 months!
EB2 hardly moved in 10 months!
If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.
Do you know how this affects you?
� Frustration of sticking to the same employer and no career growth.
� Children not being able to get state benefits.
� Spouses unable to work.
� The feeling of unsettlement.
� Above all, tons of mental stress.
Do you want be in this mess for ever. I am sure you don�t. We deserve better.
We all have to fight together to fix this broken immigration system and achieve IV�s goals to
� Remove retrogression
� Remove backlogs in labor certification
� Remove backlogs in I-140 and I-485 processing
� Revise the way visa quotas for highly skilled workers are determined
Register FREE to become a member today!
www.immigrationvoice.org
Excellent job Varsha. I would like to modify one line.
Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'
sivakumar
02-22 01:48 PM
thanks GCwaitforever I just wish that after april you change your name to GCRecivedFinally :->
va_labor2002
07-24 12:38 PM
Hi rpatel,
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
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