chanduv23
09-12 02:04 PM
Actually,
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
wallpaper Love Quotes amp; Valentine#39;s Day
a2006
07-06 03:00 AM
[QUOTE=ronhira;462888]lahiribaba - you are my hero. this is the best idea yaar :D[/QUOTE
good thought
Why don't you start an initiative and "be the change that you want to see" before blaming others and calling for change. We have seen endless talk in these forums which is probably the easiest thing to do.:mad:
good thought
Why don't you start an initiative and "be the change that you want to see" before blaming others and calling for change. We have seen endless talk in these forums which is probably the easiest thing to do.:mad:
gc_aspirant_prasad
07-06 01:57 PM
we really need this benefit....or else we may have our hair on fire....
Rumor has to be true..or else I am ......................going to Canada
me too. Personally I think Australia might have better weather but Canada is closer
Rumor has to be true..or else I am ......................going to Canada
me too. Personally I think Australia might have better weather but Canada is closer
2011 Happy feb quotes, poems are
santa123
07-11 08:23 AM
Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?
more...
alterego
06-24 12:31 PM
America is losing its attractiveness to the worlds top talent. Those of us in the system may feel that having invested so much time/effort/money already in the process, we cannot turn back now and cut our losses, however looking at it from the perspective of a promising 24 yr old researcher or graduate, the vantage point can be quite different. He has very little invested in this country and looks at the situation of those like us ahead of him/her in the pipeline to make a decision.
That decision might become that the US is not a place to settle down, that it is not a welcoming nation, that opportunities are choked off for the non natives, etc etc. Those would be the worst messages to send to the cream of the world's talent. The reaction would be to either not come in or to come in with a mindset to take the best of the education system etc and move on to the best opportunities. The US has never had to react to his type of thing, because hitherto it was a minimal issue. The current policies however are changing that.
That decision might become that the US is not a place to settle down, that it is not a welcoming nation, that opportunities are choked off for the non natives, etc etc. Those would be the worst messages to send to the cream of the world's talent. The reaction would be to either not come in or to come in with a mindset to take the best of the education system etc and move on to the best opportunities. The US has never had to react to his type of thing, because hitherto it was a minimal issue. The current policies however are changing that.
everonh1
07-22 12:45 PM
Found another discussion on interim EADs here:-
http://immigrationvoice.org/forum/showthread.php?p=128691
If you can get interim EADs,then local USCIS office will be backlogged with numerous applicants after November 07.
http://immigrationvoice.org/forum/showthread.php?p=128691
If you can get interim EADs,then local USCIS office will be backlogged with numerous applicants after November 07.
more...
asanghi
09-10 12:51 PM
I can not go to DC due to an important issue. I am however a monthly contributer. I already contributed $100 to sponsor someone flying from North California. Here is another $100 contribution that I made through paypal just now.
Paypal confirmation no: 5RB35180W0586983K
Paypal confirmation no: 5RB35180W0586983K
2010 Valentine#39;s Day love quotes
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
more...
gbof
02-08 08:32 PM
you need to stop getting answers from others and solve this problem amicably with you wife. There is nothing better than a one-one discussion with her.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Please, do understand proper communication is not possible in circumstances like this and that is th root cause of frustrations ( I know it because I am still going through this). Also with a baby to think or ask for job require lot of intelligent planning at home.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Please, do understand proper communication is not possible in circumstances like this and that is th root cause of frustrations ( I know it because I am still going through this). Also with a baby to think or ask for job require lot of intelligent planning at home.
hair Screenshots: Marriage Quotes
ilwaiting
04-25 11:51 AM
I'm not saying a person on H1B necessarily should be allowed to apply for 485. All that I'm saying is the day when a person starts working on H, the PD becomes his/her's. Lets take an example.
1). A person start working on H1B from Apr'1998
2). In apr'2004 Employer "n" applies for Labor to permemently employ the alien. In that case the PD for the alien becomes ar'2004 correct?
3). instead I want th PD to be Apr'1998.
This gives the person the flexibility to move on to better prospects as a H1B, but at the same time preserves the PD. Ofcource the LC process needs to be restarted again each time he moves. Also one might choose to not file any LC because he does not plan to become a PR. Thats fine because nothing is lost.
What i meant was, although H1 it is a dual intent visa, you dont necessarily show your intention until you apply for your green card process. There are cities that follow different tax structures when you apply for labor or not. Technically, that when you are showing your intention of immigrating. So why throw a blanket on entry date on H1, when some of them dont have the intention of immigrating to US permanently. This will only increase the demand of the GCs.
1). A person start working on H1B from Apr'1998
2). In apr'2004 Employer "n" applies for Labor to permemently employ the alien. In that case the PD for the alien becomes ar'2004 correct?
3). instead I want th PD to be Apr'1998.
This gives the person the flexibility to move on to better prospects as a H1B, but at the same time preserves the PD. Ofcource the LC process needs to be restarted again each time he moves. Also one might choose to not file any LC because he does not plan to become a PR. Thats fine because nothing is lost.
What i meant was, although H1 it is a dual intent visa, you dont necessarily show your intention until you apply for your green card process. There are cities that follow different tax structures when you apply for labor or not. Technically, that when you are showing your intention of immigrating. So why throw a blanket on entry date on H1, when some of them dont have the intention of immigrating to US permanently. This will only increase the demand of the GCs.
more...
Green.Tech
05-27 10:59 PM
$100 today
Thanks akp22.
Thanks akp22.
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kartikiran
08-23 08:34 AM
So does this mean:
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
more...
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bharol
08-16 10:24 PM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
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immivo
04-01 08:46 AM
anyone renew FL DL when H1b extension pending & I-94 expired ? I heard recipe notice is ok but I didn't find any guide line from their web site .any input is greatly appreciated.
more...
pictures Posted by Valentine Cards 0
mrdelhiite
06-23 08:33 AM
i saw 2 approvals ( on 06/22) in for people who applied in feb starting ... just a fyi
-M
-M
dresses Love and Passion
caliducas
07-19 12:53 AM
dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)
I'm looking forward to getting my GC!!! Once I get my ead and ap, I can wait for my GC patiently :)
I'm looking forward to getting my GC!!! Once I get my ead and ap, I can wait for my GC patiently :)
more...
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abhijitrajan
06-20 12:07 PM
Finally I got my lawyer to start an inquiry at the Atlanta PERM center. My case is pending since Feb 07.
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snathan
02-09 10:28 PM
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
For that you have to donate.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
For that you have to donate.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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learning01
04-25 05:18 PM
Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
Humhongekamyab
02-18 03:32 PM
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
I agree. Mine is December 15, 2005.
I agree. Mine is December 15, 2005.
chanduv23
12-01 11:49 AM
Another soft LUD on the 485 today - this is the 4th soft LUD since 11/24.
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
you may likely be getting an RFE or probably close to ur approval :)
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
you may likely be getting an RFE or probably close to ur approval :)
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