gc_on_demand
05-01 03:06 PM
Adding dependents/derivative is based on primary�s PD and app status.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
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gc_on_demand
09-10 10:11 AM
Either the US Consulate got the EB-3 India date wrong or there was a typo in the Oct Visa Bulletin. I wish/hope there was a typo in the bulletin and Mumbai consulate got it right....Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
You can check dates on phone line of DHS.Phone number is at bottom of bulletin.
You can check dates on phone line of DHS.Phone number is at bottom of bulletin.
alex99
04-30 03:10 PM
That data include all EB categories and Even BEC cases.
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venkybr
08-27 01:33 PM
Anyone who sent 485 application to NSC, 140 approved from NSC, got their receipts from TSC?
more...
simple1
05-02 01:07 AM
Thanks a lot lost_in_migration for providing supporting docs.
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
varshadas
06-13 10:40 AM
Usually it takes 2-3 weeks to receive the receipt numbers. My lawyer sent my file on 06/06/2007 which should have reached USCIS on 06/07/2007. I am not expecting a receipt number before third week of June. I will post here when I receive my receipt.
Thanks,
Varsha
Thanks,
Varsha
more...
Kodi
07-24 11:33 AM
EAD Paper filed at TCS EB2 ROW
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
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desi3933
07-10 10:57 AM
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
more...
dixie
06-24 04:47 PM
I say.. focus our efforts on us for the time being.. differentiate ourselves from the undocumented..
Its not as if we havent been trying all this time. Look what we are up against : we have neither the numbers of the illegals nor the lobbying power of the entire agriculture industry (not to speak of the church) behind us. The story of a law-abiding,tax-paying resident trying to remain here just does not make for a glamorous cause for either the media or the politicians. Whatever little attention the media gives us is gobbled up by either the H1-B visa increase lobbyists or someone complaining about not being able to re-unite with his wife/brother etc etc in the US !! And to top it all, the anti-immigrationalists will go out of their way to see us clubbed together with the illegals; even as they shed crocodile tears for legal immigrants affected by amnesty.
In short, none of the "movers and shakers" have a vested interest in us.Thats the hard truth.
Its not as if we havent been trying all this time. Look what we are up against : we have neither the numbers of the illegals nor the lobbying power of the entire agriculture industry (not to speak of the church) behind us. The story of a law-abiding,tax-paying resident trying to remain here just does not make for a glamorous cause for either the media or the politicians. Whatever little attention the media gives us is gobbled up by either the H1-B visa increase lobbyists or someone complaining about not being able to re-unite with his wife/brother etc etc in the US !! And to top it all, the anti-immigrationalists will go out of their way to see us clubbed together with the illegals; even as they shed crocodile tears for legal immigrants affected by amnesty.
In short, none of the "movers and shakers" have a vested interest in us.Thats the hard truth.
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sss9i
08-30 11:12 AM
Please create link to main page Forum So that everyone can access easily.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
more...
simple1
05-01 03:34 PM
I just donated, my id is not reflecting it.
Wow..... Now there is a new thread for donors only to discuss the same thing. If you want to discuss further donate and be a donor.
Wow..... Now there is a new thread for donors only to discuss the same thing. If you want to discuss further donate and be a donor.
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permfiling
05-12 03:30 PM
Now is the time to really take this to the next level and push for real changes to employment-based processing. Or you can simply accept the reality that you have to wait ten years longer than everyone else to get a green card
http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html
I agree to meet.
member of North California
contributions : $500
http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html
I agree to meet.
member of North California
contributions : $500
more...
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vshar
11-19 12:16 PM
done...
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h1techSlave
09-26 08:08 AM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
more...
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pyaradesi
07-20 09:53 PM
Mr. Paraya Desi
I request you to mind your language. What you say displays a complete lack of understanding about the system
It is not that they want the "most qualified" or "most brilliant" FIRST, and the rest later. As an example, if your toilet broke down and you have an urgent need to use it, would you welcome a beautiful girl knocking on your door, or a plumber. It is like this. It is a question of WHAT the COUNTRY needs, not who is made of gold
Therefore dont think you are as an EB2 more (or less) entitled to anything, and correct the "faltu" ideas in your brain
"Mind my language", clearly this must be a case of lost in translation. I am not entitled more or less, IV can close shop today, I did not come to the USA because there was EB1/2/3 or IV fighting my battles, enjoy your journey. Stop whining, there are millions of Americans suffering, don't tell me just because you know java you are better than them.
We human beings have established a certain world order
Why is tougher to get through EB1?
Why does your boss make more money than you?
Why does a certified plumber cost more?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Why Katrina Kaif is sought after not Nandita Das?
Why does a person with a 770 credit score get lower interest?
Why why why?
Oh BTW, if your toilet broke down, do not panic, shut your door tight get some air freshner, and then you could consider the pretty girl.
And if my toilet broke down, I will hire a plumber for an hour to fix it, I will not let the plumber move into a room in my house.
What are you expecting? You want IV to get you salvation?
Look, there is no compulsion, you don't like the system, it ain't going to upset anybody if you take the steamer to Bombay tonight.
I request you to mind your language. What you say displays a complete lack of understanding about the system
It is not that they want the "most qualified" or "most brilliant" FIRST, and the rest later. As an example, if your toilet broke down and you have an urgent need to use it, would you welcome a beautiful girl knocking on your door, or a plumber. It is like this. It is a question of WHAT the COUNTRY needs, not who is made of gold
Therefore dont think you are as an EB2 more (or less) entitled to anything, and correct the "faltu" ideas in your brain
"Mind my language", clearly this must be a case of lost in translation. I am not entitled more or less, IV can close shop today, I did not come to the USA because there was EB1/2/3 or IV fighting my battles, enjoy your journey. Stop whining, there are millions of Americans suffering, don't tell me just because you know java you are better than them.
We human beings have established a certain world order
Why is tougher to get through EB1?
Why does your boss make more money than you?
Why does a certified plumber cost more?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Why Katrina Kaif is sought after not Nandita Das?
Why does a person with a 770 credit score get lower interest?
Why why why?
Oh BTW, if your toilet broke down, do not panic, shut your door tight get some air freshner, and then you could consider the pretty girl.
And if my toilet broke down, I will hire a plumber for an hour to fix it, I will not let the plumber move into a room in my house.
What are you expecting? You want IV to get you salvation?
Look, there is no compulsion, you don't like the system, it ain't going to upset anybody if you take the steamer to Bombay tonight.
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rsayed
08-25 02:06 PM
Happened to speak with someone at the TSC center, through the POJ method, re. my EAD.
She mentioned my case (details below) is with an IO and should be processed within the next 30 days.
EB-2-India
I-140 applied and approved - 2006
I-485 applied - Jul/2007
EAD (Renewal) applied - Jul 8th, 2008
Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
Elapsed time - 48 days!
She mentioned my case (details below) is with an IO and should be processed within the next 30 days.
EB-2-India
I-140 applied and approved - 2006
I-485 applied - Jul/2007
EAD (Renewal) applied - Jul 8th, 2008
Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
Elapsed time - 48 days!
more...
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alisa
12-11 07:43 PM
If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.
For the life of me, I couldn't figure this out either.
I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.
For the life of me, I couldn't figure this out either.
I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.
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snathan
11-19 04:16 PM
Question to IV core...
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
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Pandi
05-27 02:57 PM
Hi all,
I have sent the emails to the 10 + 2 ( State ) Senators and followed up with calls. Hope for the best.
Regards,
Pandi
I have sent the emails to the 10 + 2 ( State ) Senators and followed up with calls. Hope for the best.
Regards,
Pandi
Bonzer
08-08 07:10 PM
Congrats Svinjamur !!
My wife and I received similar emails (Card production ordered). I just posted in a diff thread. Our 10-yr wait is over.
PD - Nov 2004
I-140 - approved 03/05
I-485 - RD - 08/07, ND - 10/03
CP ordered - 08/08
(one year and one day since we applied for AOS)
I got an email today from USCIS stating this
Current Status: Card production ordered.
I did not receive any other approval notice. I hope this means that our 485 is approved and the cards have been ordered ?
My PD Is May 2003
My wife and I received similar emails (Card production ordered). I just posted in a diff thread. Our 10-yr wait is over.
PD - Nov 2004
I-140 - approved 03/05
I-485 - RD - 08/07, ND - 10/03
CP ordered - 08/08
(one year and one day since we applied for AOS)
I got an email today from USCIS stating this
Current Status: Card production ordered.
I did not receive any other approval notice. I hope this means that our 485 is approved and the cards have been ordered ?
My PD Is May 2003
abhijitp
11-21 05:38 PM
Mehul
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
