stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
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newuser
04-21 07:46 PM
Could someone post the meeting notes.
kkt_tkk
03-07 08:24 PM
Hi,
I am flying (to BWI) from MI, need accomodation during my stay.
Please let me know.
Thanks,
KKT
I am flying (to BWI) from MI, need accomodation during my stay.
Please let me know.
Thanks,
KKT
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desi3933
02-03 01:04 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.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
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.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
coopheal
07-02 07:03 AM
Doing more than what IV suggest is good. If you personally take responsibility and make the online petition a success, great... and best luck.
IV core has set their priorities after considerable thinking so please dont be upset if they dont involve in this.
I agree and I support. maybe as some have said that online don't have the same impact ..but there is no harm in doing something extra. also, we will be able to get more supporters for online especially if we send the links to our respective friends, batchmates etc
IV core has set their priorities after considerable thinking so please dont be upset if they dont involve in this.
I agree and I support. maybe as some have said that online don't have the same impact ..but there is no harm in doing something extra. also, we will be able to get more supporters for online especially if we send the links to our respective friends, batchmates etc
pointlesswait
07-28 12:45 PM
I would recommend each and everyone...be it a believer or a non-believer..
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If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
to read the book by Richard Dawkins: The God Delusion..
If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
more...
pyaradesi
02-03 09:28 PM
Folks,
I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.
But, there are a few questions that I am not convinced myself:
1. why remove per country quota just for EB, why not family based immigration as well?
2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.
3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?
When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman? We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.
That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help. At the end of the day human life is human life even it is it Indian.
I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.
But, there are a few questions that I am not convinced myself:
1. why remove per country quota just for EB, why not family based immigration as well?
2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.
3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?
When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman? We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.
That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help. At the end of the day human life is human life even it is it Indian.
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MDix
03-10 02:33 PM
From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
more...
Rockford
08-29 03:36 PM
I moved to a desi consulting company after I got layed off in 6th year of h1b. ..................... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. ............ and finally I had to talk to my employer and we deicded not to use their services anymore just for my case,.
Chandu,
Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.
I am sure there are other issues with your lawyer, but this case is kind of fair.
There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.
Chandu,
Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.
I am sure there are other issues with your lawyer, but this case is kind of fair.
There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.
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GCwaitforever
11-24 09:09 AM
Definitely this is one of the favors to ask the law makers in these days of retrogression. Let the I-140 and PD available to the worker and let the labor substitution go with the date of transfer to the new worker. This releases the stranglehold of the employers.
more...
danu2007
11-20 10:54 PM
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
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go_guy123
01-01 12:11 AM
Just need a place to vent and share my frustration with this system.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
You came 12 years ago for undergrad that means in 1994 and got done
in 1999. What were you doing in 1999. Didnt u apply in 1999? You could have
been done by now.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
You came 12 years ago for undergrad that means in 1994 and got done
in 1999. What were you doing in 1999. Didnt u apply in 1999? You could have
been done by now.
more...
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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.
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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indianindian2006
07-14 06:09 PM
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
more...
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.soulty
02-27 08:46 PM
cant find anything online, check your help files grinch, and i think your right 3d Nirvana your method may be more grinch is looking for, im so rusty in 3d its just nastiness. :(
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stucklabor
07-24 12:42 PM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
more...
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gbof
01-17 11:02 AM
I read your story (every line and every word) and portray my self in that but few small changes.
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
Read the post well before concluding and offer prayers
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
Read the post well before concluding and offer prayers
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yawl
07-16 05:13 PM
they are shameless liars and racists
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pappu
05-08 11:58 PM
coopheal,
I think it is a good idea, just contributed, thanks!
insbaby we are unable to verify your contribution. Could you send us your transaction details, IV handle and the email used to contribute. We can check and get back to you if there was an error.
I think it is a good idea, just contributed, thanks!
insbaby we are unable to verify your contribution. Could you send us your transaction details, IV handle and the email used to contribute. We can check and get back to you if there was an error.
abd
09-21 04:01 PM
How many days it took you to receive physical RFE after Online status update?
Thanks
I got RFE status change on September 2nd and my attorney recieved it on 7th Tuesday. It was long weekend.
Thanks
I got RFE status change on September 2nd and my attorney recieved it on 7th Tuesday. It was long weekend.
srkamath
07-13 02:31 PM
It is just a temporary movement to capture as many visa number as possible. Dates will move back in Oct and surge forward in June 09.
NO it won't !:);)
NO it won't !:);)
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