morchu
05-08 02:36 PM
:) my point was, regulations and interpretations are meant for the exact situation. Anyway I am also done in this topic. I have no personal interest on either EB-quota or FB-quota (why am i even here... nhaa?).
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
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Libra
07-04 10:48 AM
My I-485 application was received by USCIS at 9:01am on july 2nd and signed by R.MICKELS. Hmmm....but still there's no use.
gc_check
07-02 09:01 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
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qplearn
12-12 07:42 AM
I have mentioned IV to a some Indians. They have no interest. Some of them are not bothered about retrogression. They exepect the GC to fall in their lap while they are sipping tea and eating samosa.
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
I agree completely. Sometimes you pay the price for unethical and arrogant natives from your motherland. I know of someone who thinks he is smarter than people of any other nationality.
But I like your nickname. I wear that as a badge of honor. :)
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
I agree completely. Sometimes you pay the price for unethical and arrogant natives from your motherland. I know of someone who thinks he is smarter than people of any other nationality.
But I like your nickname. I wear that as a badge of honor. :)
more...
jaihind
04-24 11:41 AM
Dear Friend:
Do not give up hope.
Take a second opinion.
Go to India and spend time with your loved ones. Many times that heals things in a magic way !
On your GC situation do these :
1)Send an appeal to your local senator under CC to the Secretary of State, Homeland Security and the President to intervene and do some thing
2)Send an appeal to the Director of USCIS in charge of AOS explaining the situation
3)Consult a good attorney to know the options in the exiting scenario
My entire family will say a prayer for you today at 8 PM. I request all IV members to join the prayers if possible.
God Bless You
Balaji
Do not give up hope.
Take a second opinion.
Go to India and spend time with your loved ones. Many times that heals things in a magic way !
On your GC situation do these :
1)Send an appeal to your local senator under CC to the Secretary of State, Homeland Security and the President to intervene and do some thing
2)Send an appeal to the Director of USCIS in charge of AOS explaining the situation
3)Consult a good attorney to know the options in the exiting scenario
My entire family will say a prayer for you today at 8 PM. I request all IV members to join the prayers if possible.
God Bless You
Balaji
akhilmahajan
02-09 12:12 PM
Thanks a lot. Please ask your friends and family to also contribute.
GO IV GO. TOGETHER WE CAN.
GO IV GO. TOGETHER WE CAN.
more...
sohilbt
08-13 04:40 PM
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
Aug. 10 receipting update.
No movement for NSC.
TSC moved to 6/28/07
Aug. 10 receipting update.
No movement for NSC.
TSC moved to 6/28/07
2010 Owens may be right.
simple1
05-04 07:38 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
more...
feedfront
08-26 02:48 PM
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
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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
more...
yabayaba
08-31 05:38 PM
I belongs to TSC category but my lawyer sent my application to Nebraska.When I check the status online, says "case received in TSC"!! but Only the AP and EAD Checks are cashed. The I485 & FP checks are not yet cashed. Do any one come across like this?.
----
PD: July/06/2004
AP&EAD Checks Cashed: Aug/29/2007
----
PD: July/06/2004
AP&EAD Checks Cashed: Aug/29/2007
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GreenCardLegion
03-09 09:18 PM
And worst is the lottery...
And I know a guy (a restaurant waiter from Nepal) got his GC in frikkin 14 months. And this was 5 years ago when I had just applied and now even today mine is still pending and that Nepali waiter who could not speak 4 words in English is now a Citizen and whenever I go to this restaurant for a buffet he keeps laughing at me and he is still a waiter in the same restaurant. I know him for 6 years. I get enraged at this countrys immigration policy. And I have met about 5 cabbies (Somalia, Pakistan, Sudan) etc etc who came here by winning visa lottery. And they are all citizens or GC holders. This is a mockery. This country has finally started to SUCK big time.
And I know a guy (a restaurant waiter from Nepal) got his GC in frikkin 14 months. And this was 5 years ago when I had just applied and now even today mine is still pending and that Nepali waiter who could not speak 4 words in English is now a Citizen and whenever I go to this restaurant for a buffet he keeps laughing at me and he is still a waiter in the same restaurant. I know him for 6 years. I get enraged at this countrys immigration policy. And I have met about 5 cabbies (Somalia, Pakistan, Sudan) etc etc who came here by winning visa lottery. And they are all citizens or GC holders. This is a mockery. This country has finally started to SUCK big time.
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ganguteli
03-06 04:18 PM
Your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are upset reading that someone in IV is pursuing a one point agenda against ROW. We need to stop and think. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are upset reading that someone in IV is pursuing a one point agenda against ROW. We need to stop and think. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
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reddymjm
06-12 11:55 AM
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
As far as i heard TSC is the fastest man. NSC is the snail...
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
As far as i heard TSC is the fastest man. NSC is the snail...
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bbct
02-12 12:22 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
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sweet_jungle
11-07 06:40 PM
I took an infopass appointment today. The IO sent an e-mail to NSC after taking details like DOB, address etc. for me and my wife.
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
hi cal97,
Are you a CSC-NSC transfer case?
Are you telling that FP was already sceduled even before you went for Infopass?
Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
Thanks a lot
SJ
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
hi cal97,
Are you a CSC-NSC transfer case?
Are you telling that FP was already sceduled even before you went for Infopass?
Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
Thanks a lot
SJ
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abracadabra
07-06 09:15 PM
We are 33 people ready just you all should say GO. I can make a congregation 100 easily
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sss9i
07-20 10:50 AM
I will pledge $ 100.
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eastindia
02-22 09:11 AM
Anyone still depressed?
Then come to lobby day in April or contribute money for it.
Then come to lobby day in April or contribute money for it.
Macaca
07-08 09:14 PM
140K GCs are available on Oct 1. But, dates are not current. Based on this, there appears to be a law that prevents USCIS from recieving ALL AOSs. I am guessing that this law specifies a cap on AOSs that USCIS can recieve from lawyers. (This is why I am keen on knowing conditions for setting dates in VB)
The following argues that it is hard for this cap to reach exactly on the end of every month.
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.
The following argues that it is hard for this cap to reach exactly on the end of every month.
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.
waitingnwaiting
02-15 09:08 AM
How about we ask our lawyers to contribute for this event?
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