syedajmal
07-14 12:14 PM
A little Background
My Situation -
My Labor (PERM) and I-140 (EB2) was filed and approved thru Company A ( Priority Date May/15/2006). I was laid off from "Company A" with my last day being Fri 3/23/2007 before I could file my 485 thru them. I started working for "Company B" beginning Mon 3/26/2007 for which I have an approved H1.
Spouse Situation -
My wife also has her Labor(EB3) and I-140 approved and 485 pending with a priority date Nov/2002. Her 485 receipt date is July/09/2007.
While I was leaving "Company A" I did let them know about my Green Card processing and they did promise to help me out if there was anything required in the future.
With the latest movement in dates, I would like to move ahead with the filing of my 485. I do have a couple of questions regarding what will be needed w.r.t my current situation.
I would like to know you expert opinion/advice on what can be done in this situation so that I can move ahead with my 485.
Thanks in advance for your time.
My Situation -
My Labor (PERM) and I-140 (EB2) was filed and approved thru Company A ( Priority Date May/15/2006). I was laid off from "Company A" with my last day being Fri 3/23/2007 before I could file my 485 thru them. I started working for "Company B" beginning Mon 3/26/2007 for which I have an approved H1.
Spouse Situation -
My wife also has her Labor(EB3) and I-140 approved and 485 pending with a priority date Nov/2002. Her 485 receipt date is July/09/2007.
While I was leaving "Company A" I did let them know about my Green Card processing and they did promise to help me out if there was anything required in the future.
With the latest movement in dates, I would like to move ahead with the filing of my 485. I do have a couple of questions regarding what will be needed w.r.t my current situation.
I would like to know you expert opinion/advice on what can be done in this situation so that I can move ahead with my 485.
Thanks in advance for your time.
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trueguy
07-23 12:27 PM
Currently, there are about 400K EB AOS (including EB2 and EB3 and all countries) pending with USCIS. If USCIS works efficiently and doesn't waste any numbers then this backlog can be cleared in 3 years assuming demand for EB2-ROW remains the same.
lazycis
02-13 12:26 PM
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
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Humhongekamyab
08-15 08:12 PM
We all know how media wants to make new so that they can get more hits on their webpages. Maybe is name randomly got selected and that is why he got grilled - we don't know what did he tell the officer which lead to all this. We all now know about "teachable" moment with the Harvard professor. The facts were not what they appeared initially.
Just because one pays his taxes to the IRS does not mean s/he cannot be audited - even if he is Bill Gates. IRS computer randomly selects people for audit - irrespective of their status in life.
It may be one of these occurrence - we will know with time and let's not speculate until then. Moreover he is an ordinary citizen without any diplomatic privileges. If you or me can be interrogated why can't he be. Every country has a right to protect itself and to set standards for it irrespective of the status of the individual.
Just because one pays his taxes to the IRS does not mean s/he cannot be audited - even if he is Bill Gates. IRS computer randomly selects people for audit - irrespective of their status in life.
It may be one of these occurrence - we will know with time and let's not speculate until then. Moreover he is an ordinary citizen without any diplomatic privileges. If you or me can be interrogated why can't he be. Every country has a right to protect itself and to set standards for it irrespective of the status of the individual.
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_TrueFacts
09-04 01:31 PM
Breddy2000 and dealsnet,
I hope you guys don�t owe anything to YSR!.
If you love YSR, that�s your business. As much as you love, facts are facts and YSR being CM for 5 years is the biggest loss to AP and people of AP.
Also, it�s a curse that India and Indians are paying to have had congress rule India for 60 years.
I hope you guys don�t owe anything to YSR!.
If you love YSR, that�s your business. As much as you love, facts are facts and YSR being CM for 5 years is the biggest loss to AP and people of AP.
Also, it�s a curse that India and Indians are paying to have had congress rule India for 60 years.
sunny1000
12-13 03:30 PM
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
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sertasheep
07-03 05:28 PM
Can any IV member write to me with the following detials, if you have this info , please:
Of course, we need a reliable source to be cited.
1) Has it been reported anywhere in the media on how many applicants may have been approx. affected by the Visa Bulletin fiasco? All I have heard is "tens of thousands"
2) Any good estimate on how much expenditure may have been incurred..i saw somewhere that it was $300 mil?
email: sertasheep at immigrationvoice.org
Sertasheep
SuperModerator
Of course, we need a reliable source to be cited.
1) Has it been reported anywhere in the media on how many applicants may have been approx. affected by the Visa Bulletin fiasco? All I have heard is "tens of thousands"
2) Any good estimate on how much expenditure may have been incurred..i saw somewhere that it was $300 mil?
email: sertasheep at immigrationvoice.org
Sertasheep
SuperModerator
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Lasantha
02-15 03:08 PM
Excellent point brother!
Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
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vinay0622
07-29 07:37 AM
While applying EAD online, by mistake I put family name as first name and first name as last name, Now I have got RFE saying service record indicates my name is different, so send birth certhificate. Do I need to send a cover letter saying this was mistake and I swapped the name by mistake.
Can It be corrected or it is very seroius mistake.
Can It be corrected or it is very seroius mistake.
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BlueSkyPro
09-24 03:43 PM
done.
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sbabunle
08-03 03:22 PM
Here is the link
http://www.murthy.com/news/n_elisub.html
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http://www.murthy.com/news/n_elisub.html
on more abt substitution
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BharatPremi
09-25 07:45 PM
Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.
Yes, it is supported by both but which group would support which method? Quarterly horizontal or quarterly vertical? :)
Yes, it is supported by both but which group would support which method? Quarterly horizontal or quarterly vertical? :)
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unitednations
02-13 12:35 AM
Keep in mind that only unused visas in eb1 and eb2 row filter down to eb3.
Just about everybody from ROW is currently filing in eb2 and using up the visas and there is less to filter down to eb3.
AC21 re-allocated visas every quarter if the total demand was less then the total visas available. This is not currently the situation. Therefore, the visas won't filter down to eb3 which went unused. This gives a chance for people from ROW to keep filing in eb1 and eb2. In the last quarter is when you will see the jump, if any because the unused visas will get allocated at that time.(keep in mind that BEC's are also releasing labors - as far as I know the april 2001 labors from california have not been approved yet; and there are a great number from that state).
In the last year I know of at least three people and I imagine there are thousands more who did this:
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
Just about everybody from ROW is currently filing in eb2 and using up the visas and there is less to filter down to eb3.
AC21 re-allocated visas every quarter if the total demand was less then the total visas available. This is not currently the situation. Therefore, the visas won't filter down to eb3 which went unused. This gives a chance for people from ROW to keep filing in eb1 and eb2. In the last quarter is when you will see the jump, if any because the unused visas will get allocated at that time.(keep in mind that BEC's are also releasing labors - as far as I know the april 2001 labors from california have not been approved yet; and there are a great number from that state).
In the last year I know of at least three people and I imagine there are thousands more who did this:
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
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gcpool
03-20 10:03 AM
I have heard that Job are not easily available there and the taxes are high.
Think about it. I know people who have filed and almost got it and have decided to stay. (Waste of time and money).
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
Think about it. I know people who have filed and almost got it and have decided to stay. (Waste of time and money).
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
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_TrueFacts
09-04 09:47 PM
This MF doesn't even have minimum decency to just leave alone a Dead Man.
breddy2000,
Shame on you. thoo
In your love for YSR, you are behaving like him. Are you from Kadapa? Why unnecessarily picking on CHANDUV23. I got his profile id from Orkut.
orkut - (http://www.orkut.com/Main#FullProfile?rl=pcb&uid=16002627991370248382)
breddy2000,
Shame on you. thoo
In your love for YSR, you are behaving like him. Are you from Kadapa? Why unnecessarily picking on CHANDUV23. I got his profile id from Orkut.
orkut - (http://www.orkut.com/Main#FullProfile?rl=pcb&uid=16002627991370248382)
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advad
07-15 01:01 AM
Hi there,
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
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gauravster
05-29 05:08 PM
I agree that we need to be united. But does that mean we just accept people abusing EB1?
Dont you think it is unfair to people who have waited for all these years?
If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.
We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting a mosquito and ignoring the elephant in the room.
Dont you think it is unfair to people who have waited for all these years?
If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.
We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting a mosquito and ignoring the elephant in the room.
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crazyghoda
10-16 11:38 AM
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
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sachug22
09-24 06:45 PM
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
The Terminology : Visa number is assigned when I-485 application is approved (given that their are visa numbers available) or at Consular post the interviewer approves your application.
If you mean assigning file number or alien number then that a different thing. Pre-approval (is like initial review which more or less check is all documents are correct and application is approve able). No visa is give to any pre-approved case.
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
The Terminology : Visa number is assigned when I-485 application is approved (given that their are visa numbers available) or at Consular post the interviewer approves your application.
If you mean assigning file number or alien number then that a different thing. Pre-approval (is like initial review which more or less check is all documents are correct and application is approve able). No visa is give to any pre-approved case.
nozerd
09-30 10:14 AM
I have done a lot of research on this :::
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
_TrueFacts
09-04 02:13 AM
True_facts, you cannot denigrate dead people. I know you are coward, because you cant say what you can say with your own ID. Go to every village in AP, people are better off now than 5 years ago,that's YSR's legacy. YSR improved irrigation, infrastructure across state and percapita income in state.
Ohh yeah..he built Airports, Freeways, schools in each village!
Improved irrigation..what did he improve other than giving away free money
Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
Per capita income..what he do to increase that?
look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)
Ohh yeah..he built Airports, Freeways, schools in each village!
Improved irrigation..what did he improve other than giving away free money
Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
Per capita income..what he do to increase that?
look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)
