pappu
06-14 08:47 AM
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dkjariwala
04-09 12:18 AM
The person was returning from the India trip. Anyway, I think I will shut up for now and get in touch with the person so that IV can help him and we can get some clarification on what IO can or can not do.
stucklabor
07-24 12:42 PM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
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neoneo
09-26 08:40 PM
Here's a classic example ..
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
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belmontboy
05-23 02:24 PM
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
what do u do for a living man?
what do u do for a living man?
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imneedy
05-12 08:37 AM
insbaby we are unable to verify your contribution. Could you send us your transaction details, IV handle and the email used to contribute. We can check and get back to you if there was an error.
I thought this message is for insbaby. Seems there was a problem with paypal, I checked with Paypal and subscribed again. Here are the details:
Subscription Payment Sent (Unique Transaction ID #74J34454G6282325F)
In reference to: S-4R794075S5203161T
I thought this message is for insbaby. Seems there was a problem with paypal, I checked with Paypal and subscribed again. Here are the details:
Subscription Payment Sent (Unique Transaction ID #74J34454G6282325F)
In reference to: S-4R794075S5203161T
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amslonewolf
10-15 08:56 PM
I am all set, just need to drop it in the mailbox..
This is the easiest campaign and hardly takes more than a couple of minutes..
Just do it..
This is the easiest campaign and hardly takes more than a couple of minutes..
Just do it..
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rexjamla
03-07 08:49 AM
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
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paskal
01-27 01:54 PM
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
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Canuck
02-14 08:15 PM
maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
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sledge_hammer
07-14 09:05 AM
I have a question for the core team. There are way too many people on this forum offering their 2 cents, so why are you guys still asking for more contributions? Going by the rate at which people give away their 2 cents, the IV treasury must be full! :D
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insbaby
05-26 05:11 PM
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
Yes sir. You have to carry atlest a copy of your papers, H1/L1 approval notice, copy of passport, visa page, I-94 while travelling.
Just keep a copy of those papers in your office bag or in car's dashboard.
Don't take it in the wrong sense. It is WORTH.
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
An officer's duty is to ask for papers. And for just few questions you are upset.
Just think about in the other way.
What if the officer gets upset when you remain silent....
You don't have to post such experience as everybody knows what would happen.
Yes sir. You have to carry atlest a copy of your papers, H1/L1 approval notice, copy of passport, visa page, I-94 while travelling.
Just keep a copy of those papers in your office bag or in car's dashboard.
Don't take it in the wrong sense. It is WORTH.
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
An officer's duty is to ask for papers. And for just few questions you are upset.
Just think about in the other way.
What if the officer gets upset when you remain silent....
You don't have to post such experience as everybody knows what would happen.
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reddog
06-30 09:15 PM
Never ever throw negative vibes, the universe is listening.
We will be able to file our Apps. Believe it.... just believe.
We will be able to file our Apps. Believe it.... just believe.
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Libra
11-04 09:29 AM
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new_horizon
10-19 11:46 PM
I don't get it why our folks blindly follow the dems, and somehow think Obama is our savior when in fact it's contrary. Obama can talk so smoothly that you'll leave feeling that he's for you even if he was saying the opposite. Time to wake up and look at the facts. Go Mccain.
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Nil
03-17 12:10 PM
of course i would not vote for any preferential treatment of qualification over category.
But in case certain people are heard of separately (example: folks with US education or prior experience qualifying them for a different category, as also the number of years they have paid taxes), it will only benefit the remaining.
The Masters degree exemption / extra number of H1 visas actually do not overload the total number of visas available as an instance.
But in case certain people are heard of separately (example: folks with US education or prior experience qualifying them for a different category, as also the number of years they have paid taxes), it will only benefit the remaining.
The Masters degree exemption / extra number of H1 visas actually do not overload the total number of visas available as an instance.
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desierto
08-07 08:03 PM
Dear All,
My whole family is applying for I-485 and advance parole based on my I-140. Who has to sign my children I-131 (part 8-9).
Thank you in advance,
Desierto
My whole family is applying for I-485 and advance parole based on my I-140. Who has to sign my children I-131 (part 8-9).
Thank you in advance,
Desierto
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paskal
07-03 01:56 PM
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
this does happen- for people in the US already. larger companies find it convenient to simply send the employee out for exactly 365 days and then transfer them back. and Voila! you are in the front of the line!
all legal...but one of the various problems that cause the system to be clogged.
this does happen- for people in the US already. larger companies find it convenient to simply send the employee out for exactly 365 days and then transfer them back. and Voila! you are in the front of the line!
all legal...but one of the various problems that cause the system to be clogged.
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ramaonline
12-26 01:40 PM
there is no concept of employee transfer after 140 approval. once u get 140 approved u can get 3 year incremental h1 extension due to retrogression- portability is also allowed during these 3 years - so u can join any employer. (h1 transfer) also note that if ur current employer does not revoke the 140 u can retain the PD and use it for a new gc application with a new employer, else u must start the LC-140 etc process once again.
chanduv23
04-02 03:22 PM
[quote=sweet_jungle]
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
sbabunle
01-01 10:36 AM
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
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