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....
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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sri1309
10-15 07:31 PM
I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is XYZ. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.
Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.
I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.
I believe we are educated and sane people, so lets start doing the right thing.
Enough said.
" USCIS does realize that there are issues with how it is handling cases.".
All our efforts are to tell USCIS that we also realize it and we are waiting it to act. You shouldnt say "Hindi movie...". We thought it will work as it was a peaceful way and it did work. And I am very sure it will work again and again. USCIS and others will realize that this is the way legal applicants behave, which is very good. Nothing wrong.. Looks like you had a bad day..
Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.
I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.
I believe we are educated and sane people, so lets start doing the right thing.
Enough said.
" USCIS does realize that there are issues with how it is handling cases.".
All our efforts are to tell USCIS that we also realize it and we are waiting it to act. You shouldnt say "Hindi movie...". We thought it will work as it was a peaceful way and it did work. And I am very sure it will work again and again. USCIS and others will realize that this is the way legal applicants behave, which is very good. Nothing wrong.. Looks like you had a bad day..
kenpat
02-21 04:49 PM
Guys,
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
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franklin
04-23 02:31 PM
Thank you Nor Cal members, on behalf of 1 member who was unable to attend. I encourage those not already part of the Nor Cal Yahoo group to join it.
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
more...
abhijitp
07-24 06:08 PM
Only the ones who were on OPT.
No rule is without exception :-) Now what is OPT? I am pretty sure I don't belong to whatever that is.
No rule is without exception :-) Now what is OPT? I am pretty sure I don't belong to whatever that is.
3d Nirvana
02-27 09:39 PM
nice BLUE! That was exactly the site I was looking for. :)
more...
h1techSlave
02-04 09:07 PM
We need to prepare a nice letter and a set of points for discussion with law makers.
We can send the letter to all law makers a week before our visit. During the visit we can talk about some specific points, which we need to prepare in advance.
We can send the letter to all law makers a week before our visit. During the visit we can talk about some specific points, which we need to prepare in advance.
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BharatPremi
08-29 04:00 PM
Desi consulting company and reliable ?:D:confused::D:confused::D:rolleyes::rolleyes::ro lleyes:
more...
Caliber
03-12 08:56 AM
To understand what IV has done, all you have to do is, open your eyes
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sledge_hammer
07-24 10:11 AM
To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
more...
nlssubbu
09-28 02:19 PM
Yes, thanks for all your comments, and I would only request everyone to participate more actively on IV stuff. Start building your state chapters, spread the message.
When IV was expecting 10000 people for the rally only 2000 + came. It is obvious that America needs us and we need America and we must all unite to make this a better place.
Jane - your points taken. But, it is not all about rasicm. In a cosmopolitan society, everyone is same. It is just the fact that the communities from the majority opposue us.
A good example is Ron Hira. He is 100% Indian immigrant. He has been one of the architects behind the Durbin Grassley provisions.
So many people who work against us are the recent green card holders. A good example of such people who lurk in our forums is Senthil1. He got his green card and wants to do as much damage as possible for future immigrants, so that he is always in demand and does not face competition.
Since 1970s Indians and Chinese have migrated as doctors and engineers and have been in top positions here. If you are trying to immigrate today - you are a direct competition to their children who are raised here with comforts, they are the ones who influence the govt with restrictive policies.
Recently Jay(logiclife) was on a radio station and the person interviewing jay was a radio jockey of Indian origin. He is definitely not the highly skilled types, and he was behaving exactly like Ron Hira types
Hi Chandu,
Not all GC holders are against the aspiring GC seekers. In fact, I am promoting IV actively to many older GC holders and exposing how bad the system is now when compared to their days. [Say from 10 years ago]. I am trying my best to help many, who are in line with what ever little knowledge I gained during this process. I will be happier one and only if this broken system is fixed and the process is made transparent. I only wish that this will happen during my life time :p
Thanks
PS: I did not had IV during the time when I started my GC process :mad:
When IV was expecting 10000 people for the rally only 2000 + came. It is obvious that America needs us and we need America and we must all unite to make this a better place.
Jane - your points taken. But, it is not all about rasicm. In a cosmopolitan society, everyone is same. It is just the fact that the communities from the majority opposue us.
A good example is Ron Hira. He is 100% Indian immigrant. He has been one of the architects behind the Durbin Grassley provisions.
So many people who work against us are the recent green card holders. A good example of such people who lurk in our forums is Senthil1. He got his green card and wants to do as much damage as possible for future immigrants, so that he is always in demand and does not face competition.
Since 1970s Indians and Chinese have migrated as doctors and engineers and have been in top positions here. If you are trying to immigrate today - you are a direct competition to their children who are raised here with comforts, they are the ones who influence the govt with restrictive policies.
Recently Jay(logiclife) was on a radio station and the person interviewing jay was a radio jockey of Indian origin. He is definitely not the highly skilled types, and he was behaving exactly like Ron Hira types
Hi Chandu,
Not all GC holders are against the aspiring GC seekers. In fact, I am promoting IV actively to many older GC holders and exposing how bad the system is now when compared to their days. [Say from 10 years ago]. I am trying my best to help many, who are in line with what ever little knowledge I gained during this process. I will be happier one and only if this broken system is fixed and the process is made transparent. I only wish that this will happen during my life time :p
Thanks
PS: I did not had IV during the time when I started my GC process :mad:
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BharatPremi
04-08 08:50 AM
HI BharatPremi,
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
I think, No. FInal really certified labor has "certified" status only.
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
I think, No. FInal really certified labor has "certified" status only.
more...
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immig4me
02-28 09:06 AM
Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
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studmvr
12-13 09:25 AM
PD-Nov03 EB2 here in Central-NJ.
Iam in the process of letting everyone in my friends community know about IV here. Please contact me @ studmvr@yahoo.com for any help for IV.
Iam in the process of letting everyone in my friends community know about IV here. Please contact me @ studmvr@yahoo.com for any help for IV.
more...
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praveenat11
09-26 01:28 PM
Thanks immigal for ur help
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vine93
11-12 02:36 PM
Vin13
Thanks for nice draft. I can take initiatives at my state.
Thanks for nice draft. I can take initiatives at my state.
more...
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gimme_GC2006
04-06 11:29 PM
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
When is your next india trip.?
in 2006, In JFK, (this is not from friend->friend->friend->friend), Citizens and non-Citizens formed two lines..right next to each other..few officers were dedicated to USC, some of them to others..when there were no USC, they handled H1Bs
Now how did I notice it all this in 10 mins or so..well..that explains..it has to be a rumour.
:D
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
When is your next india trip.?
in 2006, In JFK, (this is not from friend->friend->friend->friend), Citizens and non-Citizens formed two lines..right next to each other..few officers were dedicated to USC, some of them to others..when there were no USC, they handled H1Bs
Now how did I notice it all this in 10 mins or so..well..that explains..it has to be a rumour.
:D
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ramus
07-03 08:41 PM
Thanks for your contribution..
In all 400$ to date.
In all 400$ to date.
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ganguteli
01-25 01:02 PM
Another good idea is to post about action items on sites like Trackiz. I did a search and did not find any posting of IV on that site in last 6 months. So either nobody posted or postings are deleted. We need to keep posting on all such sites because not everyone visits IV.
We neeed to spread the word.
We neeed to spread the word.
immigrationmatters30
09-19 02:25 PM
What if 485 was not filed but have an approved 140? Economy is taking big hits on the all the consulting firms even the big ones.I know this because I work for one and I was told budget spending on IT is going to be really tight moving forward for another couple of years espcially in financial sector.
abc
11-20 11:40 AM
5+ yrs, no promotion, pennies as salary hike(once reduced in 2001).
I have decided to break this GC CHAKRAVYUHU.
I have decided to break this GC CHAKRAVYUHU.
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