jcmenon
07-24 10:54 AM
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.
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.
wallpaper corazones de amor. corazon
gc_check
07-29 01:19 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case :(. One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
prioritydate
12-20 03:59 PM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
2011 amor corazon lleno llenar
abcdefgh
01-16 12:00 PM
pls update your profile so that we can confirm.
I just updated the profile. Could you please confirm?
Sorry about making a commitment for only @ 20.00.
Thanks again for all the effort done by IV Core.
I just updated the profile. Could you please confirm?
Sorry about making a commitment for only @ 20.00.
Thanks again for all the effort done by IV Core.
more...
vijayassr
08-05 08:53 PM
Hi, Looks like you have a propabilities now.
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay
Jaime
09-10 09:55 PM
Microsoft using cricket to try to stop Reverse Brain Drain!!
http://news.yahoo.com/s/nm/20070910/...oft_cricket_dc
http://news.yahoo.com/s/nm/20070910/...oft_cricket_dc
more...
isantem
02-23 09:44 PM
I will attend the Advocacy Day April 2,3,4 and maybe 5 but I can't promise the 5.
I am coming from Richmond, VA and I can pick-up 3 more people from the area. I can also do carpool in DC during the events (Hotel - Captol Hill or Airport Capitol Hill)
I am coming from Richmond, VA and I can pick-up 3 more people from the area. I can also do carpool in DC during the events (Hotel - Captol Hill or Airport Capitol Hill)
2010 Etiquetas: adios amor blog
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.
Thank You for all who has given their valuable time to IV.
more...
Hope_GC
07-16 05:37 PM
I think we need to counter act and stop this kind of False Propagandas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
hair Guardianes Del Amor Corazon
nixstor
07-04 09:33 PM
[QUOTE=nixstor]Excellent analysis but it does have flaws
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
Its not the paper work guys. They will love the money on EAD & AP. Its the huge backlog that will remain for ever on their hump unless a recapture occurs. Due to lack of communication or what ever, DOS made every category current. The only way they can escape from accepting our applications is by using up all numbers. Thats what they essentially did. AFAIK, DOS gets updates from USCIS and CP's across the world about the number of visas they have used in the past month. DOS then prepares the VB. Assuming USCIS told DOS that they have used 80/90K for the fiscal year so far, DOS is left with 60/50K for the last quarter of the fiscal year. How can DOS imagine/understand availability of 50/60k visas to be less demand for EB categories? This is what exactly the initial July VB said and we were all stupefied. They know this in and out and a simple request for pending number of 485's from years, approved & pending 140's since retrogression hit & that do not have a adjoining 485 should come out conservatively to 150-200K. Does DOS ask this as a part of their monthly information gathering process? Yes, they does is the simple answer. Then what led to the making VB current is the esoteric Q here. USCIS will have allocated the numbers at their own pace if the VB was not made current. As the VB was made current, USCIS was forced to use all the numbers and say that there are no numbers. Unless, we hear more stuff from the offices of DOS/USCIS in response to Rep Lofgren, every thing will be speculation.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
Its not the paper work guys. They will love the money on EAD & AP. Its the huge backlog that will remain for ever on their hump unless a recapture occurs. Due to lack of communication or what ever, DOS made every category current. The only way they can escape from accepting our applications is by using up all numbers. Thats what they essentially did. AFAIK, DOS gets updates from USCIS and CP's across the world about the number of visas they have used in the past month. DOS then prepares the VB. Assuming USCIS told DOS that they have used 80/90K for the fiscal year so far, DOS is left with 60/50K for the last quarter of the fiscal year. How can DOS imagine/understand availability of 50/60k visas to be less demand for EB categories? This is what exactly the initial July VB said and we were all stupefied. They know this in and out and a simple request for pending number of 485's from years, approved & pending 140's since retrogression hit & that do not have a adjoining 485 should come out conservatively to 150-200K. Does DOS ask this as a part of their monthly information gathering process? Yes, they does is the simple answer. Then what led to the making VB current is the esoteric Q here. USCIS will have allocated the numbers at their own pace if the VB was not made current. As the VB was made current, USCIS was forced to use all the numbers and say that there are no numbers. Unless, we hear more stuff from the offices of DOS/USCIS in response to Rep Lofgren, every thing will be speculation.
more...
bec
10-15 04:53 PM
Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
hot amor. amor corazon. versos
lvinaykumar
07-07 02:27 AM
Good to see the line is moveing forward insted of backward :D
more...
house AMOR (CORAZÓN ROJO)
ajthakur
07-15 02:39 PM
I am truthful to IV members. I dont understand the reason for such a statement. Also there is nothing fishy here. Stop being a detective please. I dont feel comfortable sharing the reasons why I quit my employer in August. That something private. That shouldnt imply there is anything fishy.
Please be truthful to the IV members.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.
Please be truthful to the IV members.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.
tattoo Corazón con penas de amor
psk79
07-18 08:37 AM
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
more...
pictures imagenes de corazon « Mundo
dankusam
12-12 09:39 PM
Hi could someone please show me how to write the letter to explain reason for AP? Should I explain why I am leaving or emphasize on the need to come back?
Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?
Thanks much!!
Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?
Thanks much!!
dresses Etiquetas: Amor, Corazón
GCMan007
05-08 10:44 PM
Hi
After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.
Had anyone experienced this scenario ?
Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.
I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.
Thanks a lot
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
I131,I765 approved for both -Nov 2007
I485 approval mail - 04/24/08 - Myself
Waiting for spouse approval, physical Cards
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.
Had anyone experienced this scenario ?
Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.
I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.
Thanks a lot
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
I131,I765 approved for both -Nov 2007
I485 approval mail - 04/24/08 - Myself
Waiting for spouse approval, physical Cards
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
more...
makeup palabras clave : corazon
eb3retro
01-30 02:33 PM
Hello all,
A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.
Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?
I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.
How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.
i dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?
A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.
Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?
I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.
How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.
i dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?
girlfriend amor corazon. amor. sbabunle
kavita
12-11 04:02 PM
Kumar,
I am sorry if my choice of words hurt you in any way.
I am a physician and I know there is shortage of physicians in US. At my place, we are looking for new candidates all the time. I am sure my employer realises the importance of a number of Indian physicians who have filled their advertised positions time and again, thanks to education system in India and a population big enough to be able to send some to US.
It will be different if US lawmakers start to blame Indian or China for huge populations, and I doubt they will ever do. If they do, only then I will think of going back. Just because they bailed out bank or now automakers, does not mean that what is going on with legal immigrants is justified.
I feel the major philosophy of immigration voice is to remove discrimination based on country of origin. So lets stick to that and try to make our case to the lawmakers.
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I am sorry if my choice of words hurt you in any way.
I am a physician and I know there is shortage of physicians in US. At my place, we are looking for new candidates all the time. I am sure my employer realises the importance of a number of Indian physicians who have filled their advertised positions time and again, thanks to education system in India and a population big enough to be able to send some to US.
It will be different if US lawmakers start to blame Indian or China for huge populations, and I doubt they will ever do. If they do, only then I will think of going back. Just because they bailed out bank or now automakers, does not mean that what is going on with legal immigrants is justified.
I feel the major philosophy of immigration voice is to remove discrimination based on country of origin. So lets stick to that and try to make our case to the lawmakers.
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
hairstyles El amor
pappu
04-24 12:03 PM
Congrats and best wishes.
Jaime
09-13 09:50 PM
PM me! We want to see as many of us in DC next Tuesday!!!! Let's go guys!!!!!
bheemi
07-24 09:43 AM
IV core team:
Can you please respond to the possiblity of questions raised by rpatel.
thanks
Can you please respond to the possiblity of questions raised by rpatel.
thanks
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