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Monday, June 20, 2011

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  • Deaddocus
    03-15 07:57 AM
    Modern knights, :D *ducks*





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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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  • alisa
    01-28 11:13 AM
    Guys......
    Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.

    Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.

    Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.

    In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.

    For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.





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  • uma001
    08-02 08:40 PM
    Mayhemt,

    Please dont talk without knowing the truth.
    I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
    if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right


    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
    "Although these are our policies, these might change at any time, with or without written notice".
    End of story to all 'You promised me gold in your agreement' arguments.

    Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.

    It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.

    It is an unfortunate truth we all need to get accustomed to live with.
    I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..



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  • paskal
    12-27 12:17 AM
    it would be useful to all if people who have traveled could let us know their experience transiting through different airports, also we should compile a detailed list of the airports that have some transit visa requirements.





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  • CADude
    02-20 06:32 PM
    If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?



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  • Macaca
    01-28 11:53 AM
    I have come to this country in 1999 on F1 and have been working and paying takes since 2001.


    Being on F(**k me) 1 is a triple whamy. Others are complaining about 6 years of H1B @ 50K+/year. Compare it with

    1. 6+ years on F1 @ 10K/year.

    2. 6- years on H1B @ 50K/year.

    3. Jackshit (= rats ass) in SKILL bill for US degreeS.





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  • vandanaverdia
    09-10 01:18 PM
    Your spouse, inspite of being a professional, cannot work, as he/she is a dependent. You end up being the only earning member & supporting your family, while your spouse just has to wait endlessly.....

    What is stopping you from coming to DC??? Need more reasons???



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  • zuhail
    04-11 01:23 AM
    A very useful piece of information has been brought to our attention by shiankuraaf.
    Thank you very much!

    http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm

    Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008

    http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
    Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004

    Employment-based preferences (Total Number)

    Year QUOTA ISSUED Unused/Excessively used
    1986 140000 56617 83383
    1987 140000 57519 82481
    1988 140000 58727 81273
    1989 140000 57741 82259
    1990 140000 58192 81808
    1991 140000 59525 80475
    1992 140000 116198 23802
    1993 140000 147012 -7012
    1994 140000 123291 16709
    1995 140000 85336 54664
    1996 140000 117499 22501
    1997 140000 90607 49393
    1998 140000 77517 62483
    1999 140000 56678 83322
    2000 140000 106642 33358
    2001 140000 178702 -38702
    2002 140000 173814 -33814
    2003 140000 81727 58273
    2004 140000 155330 -15330
    2005 140000 246877 -106877
    2006 140000 159081 -19081
    2007 140000 162176 -22176
    2008 140000 166511 -26511

    Sum total of the differences from 1986 to 2008: 626,681. Vow!!!

    So when looked between the period of 1986 and 2008,
    there were a total of 626,681 un-used visa numbers that can be re-captured.

    This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
    Does anybody know how to verify this important assumption online --a link to a gov website perhaps?

    It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
    what were the criteria for visa number usage prior to the existence of the law.





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  • wonderlust
    09-19 10:00 PM
    I TOTOALLY AGREE. WE NEED TO HIGHLIGHT THAT WE ARE LEGAL. WE DON'T BASH ILLEGAL IMMIGRANTS, BUT WE CAN EMPHASIZE OUR OWN LEGALITY!!

    I like LIV.ORG. Live and let live!!

    Wonderlust




    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.



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  • sk.aggarwal
    07-29 03:02 AM
    Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.





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  • pappu
    12-26 03:41 PM
    6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
    So if you travel to India and change planes in Paris you need a transit visa!!
    What other countries do that and what countries allow without the visa? this information will be helpful.



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  • pappu
    02-02 02:56 PM
    Donation should be on the way today.

    Thank you





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  • newuser
    10-15 08:19 PM
    Will mail the doc asap



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  • hpandey
    06-10 12:46 PM
    I think we should also work on making sure that Mr Grassley et al don't get elected to the Senate the next time so that they are not able to bring these useless racist amendments. They will only realize it when it will hurt them politically. All the H1b's and AOS people have relatives or friends who are well qualified to vote . They should encourage everyone to vote against these bigoted people .:mad:





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  • jungalee43
    02-06 09:37 AM
    Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
    A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
    We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............



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  • AirWaterandGC
    07-15 02:20 PM
    How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?






    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • eilsoe
    02-16 06:52 PM
    I'll have a WIP screen up in a few minutes.. and then it's off to bed :sleep:





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  • serg
    07-01 09:54 PM
    When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!

    At the time when nobody could, Sir Alexander Fleming find out about penicillin. But we are not alone tho ;)





    hpandey
    03-12 12:14 PM
    Dude,

    Don't embarrass yourself with your IQ, you have only 25 some of posts, I have been here long enough and understand IV more than you. Please keep your smartness to yourself.
    point at consistency, ? If you don't have one then shuv it up. I have been urging IV for a long time to do something big, anyone who has that question can go in history Forums, and read.




    Thank you,

    You don't understand IV or else you would not say SHAME on YOU to IV. What can IV do without money and no support from people. IV does a lot of meetings with govt departments and Washington. At least someone is aware of our problems.

    I have seen a number of times IV core requesting people to come forward to give their stories for articles in prominent newspapers who contact IV to put our point of view forward. Even for that except 1 or 2 no one else comes forward.

    We pay thousands of dollars to lawyers , USCIS etc etc and still we haven't got a GC and you have paid zero to IV and expect IV to get you a GC . Isn't that some twisted logic.

    I think you should demand your LAWYER and USCIS to give you the GC since you have paid them thousands . IV doesn't owe you anything at all especially Pappu who is the public face of IV on this forum and puts in so much of his time.





    ita
    02-02 03:25 PM
    desi3933,
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.

    Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.

    I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.

    If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.

    All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.

    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.



    W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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