neelu
12-12 10:48 AM
We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
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ItIsNotFunny
03-10 04:22 PM
Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183
chanduv23
09-11 04:28 PM
Yes - lot of people are making last minute plans - GO IV GO
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java98
08-12 07:41 PM
I complete agree with your ideas and effort.
Please count me in.
God Bless you all
Please count me in.
God Bless you all
more...
anilsal
12-11 03:06 PM
First someone from IV core has to confirm that this rule change does not need congress action. I am sure the core has explored this option before.
Until then, there is no point in having any discussion on this.
Until then, there is no point in having any discussion on this.
delhiguy
07-09 08:39 PM
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
more...
logiclife
04-20 07:05 PM
Hi,
Is there something you need to show for entry at the event ?
Sorry if it is a dumb question..:confused: .I just joined today..
- Naresh
No you dont need to show anything. Just be there on time...
Is there something you need to show for entry at the event ?
Sorry if it is a dumb question..:confused: .I just joined today..
- Naresh
No you dont need to show anything. Just be there on time...
2010 they will hand deliver two
gemini23
09-26 09:57 AM
sent a email to the cnn editor.
more...
sid3699
09-16 10:16 PM
My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
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snathan
03-11 09:19 PM
If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
more...
immigrant2007
09-10 01:16 PM
If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
how many GCS does EB2 India have oer year (quota only)
How much time is DOS taking to approve accept and process 485 (adjudication time for new 485s)?
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
how many GCS does EB2 India have oer year (quota only)
How much time is DOS taking to approve accept and process 485 (adjudication time for new 485s)?
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dilber
04-23 08:33 PM
Hearty Congratulations Googler. Your Information did give me some thing to analize for a long while. I will miss them. Have a very good time.
more...
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wait4ever
09-26 10:16 AM
Enough Said - correction required.
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downthedrain
02-03 08:46 PM
Guru's please check if this employment letter is enough for the above mentioned RFE....
Dear Sir/Madam
Re: Employment of Mr. John Doe
This is to confirm that Mr. John Doe is currently employed in our organization as a Senior Software Engineer at the annual salary of $ x per year.
Mr. Doe’s compensation package includes medical, dental benefits, sick leave and paid holidays.
Please do not hesitate to contact us if you have any questions.
Sincerely yours,
Dear Sir/Madam
Re: Employment of Mr. John Doe
This is to confirm that Mr. John Doe is currently employed in our organization as a Senior Software Engineer at the annual salary of $ x per year.
Mr. Doe’s compensation package includes medical, dental benefits, sick leave and paid holidays.
Please do not hesitate to contact us if you have any questions.
Sincerely yours,
more...
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thirdworldman
03-15 01:45 PM
I'm all for doing a robot; I'm also for a six week deadline with intermediary deadlines; the longer the better though--this is very time consuming and i'm going away for a few weeks.
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abhijitp
03-17 12:28 PM
Folks from North California... please volunteer to attend the Advocacy Days (all 4 days). Others in North California may be able to help you with airfare, etc. (Check the yahoogroup for more details)
more...
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msgrewal81
02-18 04:16 PM
1 - It will grant GC to people with > 5 years in US
2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
Please add your views about this bill, how it might be improved and its chances of becoming a law.
P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.
2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
Please add your views about this bill, how it might be improved and its chances of becoming a law.
P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.
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trueguy
07-30 12:09 PM
Add E&Y (Ernst and Young) to the list.
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reddymjm
09-10 12:48 PM
I thinkThis year will be good for EB3.
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
Thats what exactly I said
http://immigrationvoice.org/forum/1984591-post28.html
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
Thats what exactly I said
http://immigrationvoice.org/forum/1984591-post28.html
sundevil
06-12 11:51 AM
Cantwell is a Democrat though. If Republicans only get a limited number of amendments would they not try to push this over to Democrat side and ask that it become one of the Democrat's amendment? If they do that it will pretty much be shoved under the table, seeing how democrats feel about High-Skilled immigrants.
Kyl: CIR can be finished in a few days
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
Kyl: CIR can be finished in a few days
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
shamu
01-17 02:10 AM
............
I got my priorities set now & believe me getting a GC has become my last priority ...................
And tomorrow the day starts again with a snooze ahwwwww…
I read your story (every line and every word) and portray my self in that but few small changes.
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
I got my priorities set now & believe me getting a GC has become my last priority ...................
And tomorrow the day starts again with a snooze ahwwwww…
I read your story (every line and every word) and portray my self in that but few small changes.
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
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