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cshen
12-27 07:34 AM
Here is the link where I posted in Chinese
http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
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alterego
07-15 10:30 AM
Ramba,
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
mdcowboy
06-10 07:42 PM
sent it to my friends too..this bill is ridiculous!:mad:
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maddipati1
01-30 01:39 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
more...
WeShallOvercome
08-17 05:47 PM
I don't get it.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???
Sometimes i consider seriously giving up:(
Need someone to give me the motivation to keep waiting... something logical i can understand.
Well, First let me tell you that nothing in USCIS makes any sense.
Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.
Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...
As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.
Anything is possible here dear !
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???
Sometimes i consider seriously giving up:(
Need someone to give me the motivation to keep waiting... something logical i can understand.
Well, First let me tell you that nothing in USCIS makes any sense.
Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.
Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...
As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.
Anything is possible here dear !
hemal555
02-13 01:11 PM
I also think congressman for Bergen County belongs to the target green category. Anyone from Bergen County, NJ to arrage a meet with congressman (some congressman tends to entertain the meeting request from person who belongs to his/her constituency).
thanks,
hemal
thanks,
hemal
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ajm
10-22 04:22 PM
I sent the fax today afternoon.
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rajuram
01-25 08:18 PM
understood.
This is as per my experience and talking to people who know about letter writing.
Are you sending these emails with your name, address etc from a genuine email ID? Try sending it from your office ID if you are serious.
Otherwise all your emails are getting deleted by the spam fileter and you are wasting your energy, time.
I came to this site while searching on Google to read about investments and buying houses kind of topic and I think those are good threads. They help us increase our knowlege and help in real life in the life of an immigrant waiting for greencard. Most people after getting EAD do not eally care about Greencard like you but care about these issues more. Green card will come anyways for them, sooner or later. You cannot keep discussing about Immigration all the time. Such threads add interest to the site. Who is interested in reading threads like Stamping in Tijuana, H1B denied, Got no FP notice Please help Urgent, etc
This is as per my experience and talking to people who know about letter writing.
Are you sending these emails with your name, address etc from a genuine email ID? Try sending it from your office ID if you are serious.
Otherwise all your emails are getting deleted by the spam fileter and you are wasting your energy, time.
I came to this site while searching on Google to read about investments and buying houses kind of topic and I think those are good threads. They help us increase our knowlege and help in real life in the life of an immigrant waiting for greencard. Most people after getting EAD do not eally care about Greencard like you but care about these issues more. Green card will come anyways for them, sooner or later. You cannot keep discussing about Immigration all the time. Such threads add interest to the site. Who is interested in reading threads like Stamping in Tijuana, H1B denied, Got no FP notice Please help Urgent, etc
more...
thomachan72
07-05 04:46 PM
Money never, never comes last, IMHO. Money does have its place right beside grass root efforts. Any one who undermines either of them at any time is making a huge mistake.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
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logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
more...
feedfront
10-12 01:35 PM
Got an RFE on 9th sept after several SLUDs in first week of september. The RFE asked for paperwork to establish that I maintained legal status during my student years. USCIS received the response on september 30th. The case status chaged to 'response review'. I have had sevreal sluds since them but no approval yet.
Almost 2 weeks since response to RFE was received. Hmm.. You're close to be greened.. Good Luck!
Almost 2 weeks since response to RFE was received. Hmm.. You're close to be greened.. Good Luck!
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indrachat_75
06-30 09:57 PM
Does anyone know if Fedex or anyone accepts mails on Sunday to be delivered on Monday morning ? Please advice ASAP.
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Aah_GC
12-12 03:01 PM
Great point -- never thought of it this way before.
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
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kumar1
12-10 03:24 PM
Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
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bugsbunny
05-23 06:08 PM
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
lol this is hilarious
Another thing you look down on....IT workers
Isn't your neck aching from looking down on so many people? :D hahaha
Slow down...i am loosing count of the number of things you look down on :D
lol this is hilarious
Another thing you look down on....IT workers
Isn't your neck aching from looking down on so many people? :D hahaha
Slow down...i am loosing count of the number of things you look down on :D
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zuhail
03-10 03:49 PM
Of all 4 the proposals made by vbkris77,
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
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09-10 11:55 AM
Do you guys see anything live? I'm just seeing eagle picture in my real player........
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BharatPremi
08-29 04:00 PM
Desi consulting company and reliable ?:D:confused::D:confused::D:rolleyes::rolleyes::ro lleyes:
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06-06 02:16 PM
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cableching
07-12 05:44 PM
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
silibili
06-11 10:14 AM
Resent to Alabama senators.
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