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ramus

07-03 05:10 PM

Thank you.. Also please take part in media coverage thread...and also ask other members to contribute.



Contributed $100 for the lawsuit.
Confirmation Number: 40W931175C853351T.

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snathan

08-21 03:54 PM

luvschocolates...

I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.

Thanks

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indianindian2006

07-14 07:05 PM

So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.

That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.

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desi3933

01-31 05:56 PM

first of thanks a lot for taking time and explaining this in detail.

so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.

RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.

Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.

H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.

____________________
Not a legal advice.
US Citizen of Indian Origin

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desi3933

02-01 08:03 AM

Thank you very much for the response. I sent you a PM.

Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?

Thank you.

>> Thank you very much for the response. I sent you a PM.
I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.

____________________
Not a legal advice.
US Citizen of Indian Origin

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perm2gc

12-31 01:43 PM

Good Job Guys...We will me seeing more results if we can regularly post in the other forum/board.Lets make every friday a target day to post in as many forums/boards possible.

Thank You for all who has given their valuable time to IV.

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Marphad

02-07 01:52 PM

I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.

Apply little logic and prove me why other countries will not get a chance.

Sometimes people make argument without even thinking for a second based on some personal emotional belief.

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kaisersose

09-18 11:15 PM

I had to reluctantly stay away from the rally due to a brand new baby at home, but I sure hope to be part of future efforts.

And I totally agree that Legal is the keyword. Most Americans are not clear about Legals v Illegals and lump them together. Of course, some just do not care and do not see a need to differentiate between the two. They would just like to see Asian and South Asian folks get out of the country.

And I also am not in favor of asking for an increase in GC quota. Instead I am in favor of not counting spouse and kids against the quota. This itself will effectively inrease the quota to over 350K per year. Directly asking for quota increase always leaves a bad taste for skeptics and will slow down any possible action.

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tejonidhi

09-10 01:31 PM

I am wondering when will they discuss about Humans ?:mad:

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ek_bechara

10-15 02:37 PM

I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is XYZ. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.

Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.

I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.

I believe we are educated and sane people, so lets start doing the right thing.

Enough said.

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kaisersose

02-20 05:31 PM

I had done some calculations long ago, it guestimated that 5~6% of people are registered with traciitt.

One guy recently posted on that out of 30 AOS applicants in his company only 2 had entered their info on .

That would be 6.67% Which is close to the results of your calculations.

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Jaime

09-11 05:26 PM

You've worked hard for what you have! VERY HARD!!!! Remember the grueling exams and study back home to be the best and get to the U.S. Remember your sufferin, hard study and hard work once in the U.S. to be the best and contribute to this country!

Don't let the Reverse Brain Drain suck you in!!!!

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Eternal_Hope

12-10 01:56 PM

Another reason for the slow movement is people getting married.. a spouse potentially accounts for yet another visa number and this adds to the unpredictability of the system. It gets even worse with non-US born kids.

The solution to all our visa backlog issues is:
1. Stop marrying.......
2. Dont have children ...or atleast not in your home country

Brilliant!

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singhsa3

03-11 09:32 PM

Please see the following thread
http://immigrationvoice.org/forum/showthread.php?p=229630#post229630

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never_giveup

09-10 02:25 PM

http://judiciary.house.gov/hearings/calendar.html

This link is now functional and I can hear the audio and video.

Discussion is about Army immigration. And our Favourite Zoe Lofgren is on the mike !!!

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makemygc

01-30 08:33 PM

[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.

I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.

Out of status is anyway no better than illegal.

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yasimk

06-20 05:26 PM

Hi,

I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.

So my questions are

1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.

The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.

2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?

Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?

Please advise.

Regards
~~~~~Y

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pappu

01-16 09:44 AM

Thank you Anurakt and others that have signed up. Anurakt I am sure this time our members will take up your challange and make you pay $500

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ronhira

04-11 06:05 PM

Good point. I appreciate your hard work.

This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

GRANDFATHERED DERIVATIVE FAMILY MEMBERS

Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.

An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.

Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.

The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.

An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.

"Aged-out" children

Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.

Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:

(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.

hypocrisy as its best...... need another quote from gandhi....

u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....

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bindas74

02-21 12:29 PM

if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!

Hi,

Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??

-THanks

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vdlrao

07-14 01:25 PM

http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm

see te table 6 in that link.

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