dagabaaj
09-25 11:48 AM
Mark, point taken but I do believe if we can raise some stink then we should. The Law firms need to realise that the country club memebership is coming at the cost of some poor sap stuck in the immigration rut and all he/ she needs is kind words and sound advice. I shall stop my ranting about Fragomen after this post.
On your other point about law firms participating. What makes you think they already do not have a member in the forums. If they read this good then the messeage has been sent across.
On your other point about law firms participating. What makes you think they already do not have a member in the forums. If they read this good then the messeage has been sent across.
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desi3933
02-15 06:27 AM
What I understood is that an alien can be granted a PR only when visas are available...
BUT ... we are asking CIS to allow to apply for AOS when immigrant visa is not available...
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.
For a minute let us assume you are correct and If it can be ONLY be changed by Law, then why did DHS secretary mention in the memo as ... "including a possible pre-application filing procedure for adjustment cases"
I am not trying to argue... I am just trying to justify
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!
BUT ... we are asking CIS to allow to apply for AOS when immigrant visa is not available...
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.
For a minute let us assume you are correct and If it can be ONLY be changed by Law, then why did DHS secretary mention in the memo as ... "including a possible pre-application filing procedure for adjustment cases"
I am not trying to argue... I am just trying to justify
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!
gdilla
02-28 01:14 PM
If an H1 gets layed off, how soon must he leave before he is considered illegal status? And for practical purposes, does it matter (ie, is it ever enforced)? Does having severence extend the period (because you're technically still on payroll)?
Canadian, EB3, in 6th year H1, PD nov 04, 140 approved 2/07.
Canadian, EB3, in 6th year H1, PD nov 04, 140 approved 2/07.
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Pineapple
04-29 06:51 PM
Small correction. I have contributed $ 200, not $ 100 for the latest effort (Paypal transaction ID 00M756271K0810455). So PA's contribution is at least 200. :)
Thank You to IV members who are contributing:
gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-100, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100
Statewise:
ca--1401
tx--1050
mi--650
nj--450
va--400
fl--335
il--300
wa--300
ny--200
al--200
ma--200
co--200
az--150
oh--150
mo--150
sd--100
sc--100
pa--100
mn--100
ky--100
in--100
ga--100
wi--100
md--100
nc--50
delaware--50
la--50
tn--50
Thank You to IV members who are contributing:
gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-100, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100
Statewise:
ca--1401
tx--1050
mi--650
nj--450
va--400
fl--335
il--300
wa--300
ny--200
al--200
ma--200
co--200
az--150
oh--150
mo--150
sd--100
sc--100
pa--100
mn--100
ky--100
in--100
ga--100
wi--100
md--100
nc--50
delaware--50
la--50
tn--50
more...
prince_charming
12-08 07:38 PM
Thanks to all the moral support given by Chandvu,Pd Recapturing and all others.
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
Hi Ram,
My attorney also filed for MTR on October and i am still waiting for my MTR results.
Thanks for update and good luck for future.
May i ask which service center your I-485 was?
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
Hi Ram,
My attorney also filed for MTR on October and i am still waiting for my MTR results.
Thanks for update and good luck for future.
May i ask which service center your I-485 was?
GCKaMaara
05-29 03:59 PM
European carriers are not that friendly to indian flyers. if you have a choice, try to avoid them.
They are proving themselves as idiots. Who else has money to fly now a days?
N. B.: They means - Airlines.
They are proving themselves as idiots. Who else has money to fly now a days?
N. B.: They means - Airlines.
more...
jsb
03-06 01:15 PM
I may not need to tell you this but you are dealing with most greedy, money making machine in US govt. System. This organization churned out 200K EAD last year in 1 week, just so that they don't have to issue 2 years EADs. This org. is rejecting I-485 to get $1000 MTR fees, they will not spare any chance to take money from your pocket. I would say Instead of asking them for the fee waiver and wait 3 months for their 'NO', just give them the 5K and move on...
While it may seem that USCIS/DOS does what it does for increasing their cash-flow, real reasons are just those applicable to any government organization. Their demand for $5K was just a thoughtless response, which may always be their first response to all such public requests. The fact is that, what is sought should already be available for their decison making. Case should be raised with Ombudsman, for bringing out inefficiency such as this, in regard to crucial information needed for determining monthly cut-off dates, and forecastings. Ombudsman's office loves information on such systematic poor govt operations.
While it may seem that USCIS/DOS does what it does for increasing their cash-flow, real reasons are just those applicable to any government organization. Their demand for $5K was just a thoughtless response, which may always be their first response to all such public requests. The fact is that, what is sought should already be available for their decison making. Case should be raised with Ombudsman, for bringing out inefficiency such as this, in regard to crucial information needed for determining monthly cut-off dates, and forecastings. Ombudsman's office loves information on such systematic poor govt operations.
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sledge_hammer
03-06 10:48 AM
There is an effor already is progress -
http://immigrationvoice.org/forum/showthread.php?p=323744#post323744
BTW I am up for $25 if there is an agreement to go with this request.
http://immigrationvoice.org/forum/showthread.php?p=323744#post323744
BTW I am up for $25 if there is an agreement to go with this request.
more...
ruchigup
09-17 08:59 PM
Notice of Intent to Deny
Hi Chanduv,
What does NOID mean? In other words we should invoke AC-21 if requested by USCIS?
Appreciate inputs.
Regards
Hi Chanduv,
What does NOID mean? In other words we should invoke AC-21 if requested by USCIS?
Appreciate inputs.
Regards
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bugmenot
05-30 07:52 PM
Text of almost all filed amendments is available in congressional record on Thomas. This one has been available since Friday.
S.A. 1249. Sponsored by Maria Cantwell and co-sponsored by Cornyn, Leahy and Hatch
It creates a parallel merit-based employer sponsored category without touching the existing merit-based self-sponsored category.
The merit based self-sponsored category is the crappy points system. This is in parallel to that, without touching anything in points system. They have created an exact parallel replica of today's EB1, EB2 and EB3 system with labor certification and the whole enchilada where you need employer sponsor and there is not points or anything.
EB1 = 33.3%, EB2 = 33.3% and EB3 = 33.3%. Definiation of EB1, EB2 and EB3 would be the same as it is today.
Total quota of 140,000 with automatic recapture of previous years unused GCs.
Exemptions for US masters and non-US STEM masters with have 3 years experience in that STEM field.The risk factor:
Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.
The exact same radioactive provision for H1 quota is also in Lieberman-Hagel amendment 1242.
This will sink both of them unless either there is some inside deal going on that we dont know, or they strike out the H1 issue from this on the floor of the senate at the last minute and be content with H1 quota of 180,000.
the powerfull business lobby have clearly said that they wont support any bill that does not give a provision for us masters exempt. so if they dont get that the bill would sink as the senators supporting the bill cornyn are lobbying for the business community
S.A. 1249. Sponsored by Maria Cantwell and co-sponsored by Cornyn, Leahy and Hatch
It creates a parallel merit-based employer sponsored category without touching the existing merit-based self-sponsored category.
The merit based self-sponsored category is the crappy points system. This is in parallel to that, without touching anything in points system. They have created an exact parallel replica of today's EB1, EB2 and EB3 system with labor certification and the whole enchilada where you need employer sponsor and there is not points or anything.
EB1 = 33.3%, EB2 = 33.3% and EB3 = 33.3%. Definiation of EB1, EB2 and EB3 would be the same as it is today.
Total quota of 140,000 with automatic recapture of previous years unused GCs.
Exemptions for US masters and non-US STEM masters with have 3 years experience in that STEM field.The risk factor:
Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.
The exact same radioactive provision for H1 quota is also in Lieberman-Hagel amendment 1242.
This will sink both of them unless either there is some inside deal going on that we dont know, or they strike out the H1 issue from this on the floor of the senate at the last minute and be content with H1 quota of 180,000.
the powerfull business lobby have clearly said that they wont support any bill that does not give a provision for us masters exempt. so if they dont get that the bill would sink as the senators supporting the bill cornyn are lobbying for the business community
more...
mchatrvd
09-12 11:33 PM
Does the online status reflects when the 485 case gets NOID?
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LostInGCProcess
03-05 03:17 AM
This is what Ron Gotcher had to say about this wonderful organization:
Quote" Not even Congress has been able to rein in the INS/CIS. Repeatedly, they have passed legislation ordering the agency to produce reports on their backlogs - all of which have been ignored with impunity."
So, I think this is just another tactic to discourage people from getting the information thru FIA by charging some imaginary figure of $5k to get some basic information. This is the heights of Arrogance.
Quote" Not even Congress has been able to rein in the INS/CIS. Repeatedly, they have passed legislation ordering the agency to produce reports on their backlogs - all of which have been ignored with impunity."
So, I think this is just another tactic to discourage people from getting the information thru FIA by charging some imaginary figure of $5k to get some basic information. This is the heights of Arrogance.
more...
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sri1309
09-25 07:50 AM
Prince,
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
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Hermione
09-19 06:33 PM
Good post. Politics is a game of give and take. One thing legal immigrants should learn is not to distance themseves too much from the cause of illegals. If we support DREAM act, they will support SKIL bill. If we support admission bar repealed or 245(i), they will support higher numeric quotes and not counting of dependents. Think about it, our common goal is the same - to have a fair immigration system, where every desrving person has a chance to come to this country legally and with dignity.
more...
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GCapplicant
06-26 11:57 AM
But Why do you feel the bill would not pass.
If they had used up enough visas...why does it have to be still in Nov 2001.This is insane.Total Insane prediction.
We should not read these type of predictions.
lets be positive.we have to beleive if thats in IV only.
If they had used up enough visas...why does it have to be still in Nov 2001.This is insane.Total Insane prediction.
We should not read these type of predictions.
lets be positive.we have to beleive if thats in IV only.
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stucklabor
03-18 12:38 PM
Appu, I found it! Frist's bill says that for foreign applicants with advanced degrees in STEM from an accredited US grad program (no matter when they graduated), notwithstanding the applicant's eligibility for US permanent residence, the applicant can file for adjustment of status if the applicant has an immigrant petition filed under one of the EB categories.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
more...
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H4_losing_hope
02-11 03:26 PM
almost forgot to tell you'll that one Texas member sent me a package containing 28 letters.
This is great! Every time I read that someone cares, it encourages me even more to stand for what is fair.
This is great! Every time I read that someone cares, it encourages me even more to stand for what is fair.
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H4_losing_hope
02-14 07:43 PM
:) The golden letter from my previous attorney arrived today! GO IV!!
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go_gc_way
06-14 02:53 AM
1st July is Sunday!!! so we have to apply on 2nd July..
Sure, though I am not back from a party... IT IS INDEED PARTY TIME FOR MANY :D
My question was more specific, with dates being current, can you apply for 485 on any day of next month July.
I suppose the next bulletin for Aug (that may probably be released 10 or 11 July) will be only effective since Aug 1st.
Please confirm.
Sure, though I am not back from a party... IT IS INDEED PARTY TIME FOR MANY :D
My question was more specific, with dates being current, can you apply for 485 on any day of next month July.
I suppose the next bulletin for Aug (that may probably be released 10 or 11 July) will be only effective since Aug 1st.
Please confirm.
snathan
03-28 02:33 PM
Mr. snathan, what is your PD or you already got GC.
May I know how its related here...I dont want to start another Donor vs Non-Donor fight.:p
May I know how its related here...I dont want to start another Donor vs Non-Donor fight.:p
m306m
05-01 02:57 PM
<<bump>>
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