ksurjan
07-11 06:34 PM
This is great..I wonder how powerful she is? They never cared to reply to her July 2nd letter.
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akred
04-08 10:57 AM
Another solution is to remove the dual intent nature of the H1B, and disallow filing of a green card petition for H1B holders. That will preserve the temporary nature of the H1B program and force a fresh look at the system for issuing green cards.
akhilmahajan
07-29 03:25 PM
lol123 and aphilimajan,
when did you e-file ?
I guess the only way is to get an infopass appt on the 91st day .But heard theres no interim EAD .
I am just trying to see what all options do i have.
when did you e-file ?
I guess the only way is to get an infopass appt on the 91st day .But heard theres no interim EAD .
I am just trying to see what all options do i have.
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susie
10-10 11:34 PM
and attach this
--------------------------------------------------------------------------------
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
--------------------------------------------------------------------------------
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
more...
BharatPremi
10-12 07:10 PM
The FIFO policy applies (i know, i know, there are lots of exceptions) to applications in a particular category. In fact, for those who have PDs before the current cutoff, there is no FIFO. I know that you have been harping on this for a long time that eventually EB2 will be held back in favor of EB3, but there is no logical basis for this argument. Why isn't EB1 for the retrogressed countries backlogged? With your logic, there should be a time when EB1 is held back for EB2 and EB3 to catch up.
First of all you did not have to bring EB1 in the discussion. I do not understand where did you feel challenged so have to come up with biting tone. FIFO is category base... You are bringing nothing new. Kid waiting in India for his first flight to USA know that. You have to have a eye to see the big picture. If you analyze the whole design and take the perspective country based... You will find that retrogression policy in addition to FIFO's ultimate effect is - for an example-EB2-India: 2006 PD would not be able to get his GC before EB3-2002. But somebody must not be mentally challenged to derive that. It is not long wait. From next bulletin you will start seeing pattern.
First of all you did not have to bring EB1 in the discussion. I do not understand where did you feel challenged so have to come up with biting tone. FIFO is category base... You are bringing nothing new. Kid waiting in India for his first flight to USA know that. You have to have a eye to see the big picture. If you analyze the whole design and take the perspective country based... You will find that retrogression policy in addition to FIFO's ultimate effect is - for an example-EB2-India: 2006 PD would not be able to get his GC before EB3-2002. But somebody must not be mentally challenged to derive that. It is not long wait. From next bulletin you will start seeing pattern.
abhishek101
03-23 02:08 PM
SGP are you working at Client's site in NJ or are you working from Home for a company in LA, CA ?
If you are at Client Site then you need a LCA for NJ and no need for address in LA., CA
If you are working from home, then you have to check what does your Paystub say, if it says that you are an employee in LA, CA you have to find a home in CA.
It is from my understanding of the law. Other's please comment
If you are at Client Site then you need a LCA for NJ and no need for address in LA., CA
If you are working from home, then you have to check what does your Paystub say, if it says that you are an employee in LA, CA you have to find a home in CA.
It is from my understanding of the law. Other's please comment
more...
akhilmahajan
08-05 09:50 AM
Any updates on anyone's case.
Please share the information.
GO IV GO.
Please share the information.
GO IV GO.
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pappu
02-02 12:19 AM
All moderators,
Please watch out anything that comes out of Senator Kennedy's office...
Some one in Kennedy's office is hell bent on getting rid of paragraph (5) in there....
paragraph (5) is the one that gave us the 'soft' country limits...
Here is the law text....
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001152----000-.html
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part I > � 1152
(5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.
If the 'soft quota' is gone...everything else is bullshit....
Every time I see something come out of Senator's office....They always strike para 5...
Nice work. pls continue to be vigilant with the bill langauge.
Please watch out anything that comes out of Senator Kennedy's office...
Some one in Kennedy's office is hell bent on getting rid of paragraph (5) in there....
paragraph (5) is the one that gave us the 'soft' country limits...
Here is the law text....
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001152----000-.html
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part I > � 1152
(5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.
If the 'soft quota' is gone...everything else is bullshit....
Every time I see something come out of Senator's office....They always strike para 5...
Nice work. pls continue to be vigilant with the bill langauge.
more...
eb2_mumbai
01-04 12:11 PM
I recently renewed my passport at DC embassy. It was not a great experience. The online application system gave me a date of Nov 27th. I go to consulate on the scheduled time to find that the office is closed. There were many like me who had come from far in cold to submit applications. With no choice we go back on 30th and there is huge line and only one window open. The lady at window was efficient but it was just too much for one person. Took me 3 hrs to get to window after which it was flat 30 sec (since I had payment and everything ready).
They gave me a date of Jan 5th for the passport return. That was almost 5 weeks. Since I was not planning any trips I was OK but there were lots of folks who wanted to make India trip and were forced to opt for tatkal scheme. I guess a way to make money. My friend went to NYC around Nov 15th and got his passport in 3 working days.
There was no apology for wasting our time due to their mistakes in appointment system. Any ways I never expected any so no disappointment. I will post the forum once I get my new passport on how that goes.
They gave me a date of Jan 5th for the passport return. That was almost 5 weeks. Since I was not planning any trips I was OK but there were lots of folks who wanted to make India trip and were forced to opt for tatkal scheme. I guess a way to make money. My friend went to NYC around Nov 15th and got his passport in 3 working days.
There was no apology for wasting our time due to their mistakes in appointment system. Any ways I never expected any so no disappointment. I will post the forum once I get my new passport on how that goes.
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doxa
03-26 11:20 AM
Any body from EB3 ROW consular pr.????
-----------------------------------------
EB3 ROW PD July 2006/I-140 still pending 380day
-----------------------------------------
EB3 ROW PD July 2006/I-140 still pending 380day
more...
dealsnet
10-08 10:40 AM
No impact on BEC approvals on retrogression, BECAUSE THEY NEED TO GET I-140 to be approved, then only their case to be on the line for visa number. Now no premium processing, their I-140 is going to get approved dring May OR June 2008. Till then the guys with I-140 approved and filed in June 2007 get GC. BEC approvals on 2001, 2002, 2003 cases after june 30th (last date for premium) will be on above catagory.
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MeraNaamJoker
08-03 04:51 PM
Any EB3 guys here?
All the approvals I am seeing here is for EB2.
Guys,
A request to all those who gets the approvals, please mention your service center also, along with your post.
Advance congrats to all!!!
All the approvals I am seeing here is for EB2.
Guys,
A request to all those who gets the approvals, please mention your service center also, along with your post.
Advance congrats to all!!!
more...
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tuwato
01-09 11:03 PM
Hi everyone! Hope you guys can help me.
We had our lawyer file my husband's H1B non-profit with me as his dependent. I guess you can say that we trusted our lawyer too much when he said that he filed both for H1B & H4. Now, I feel so stupid for not inquiring about it too much before.
My husband's H1B just got approved and the lawyer is asking me now if I got my H4 or a notice of receipt of my own. I did not know that the notice of receipt for both of us should be different. I thought there ought to be 1 notice of receipt for the two of us since my status would be totally dependent whether or not he will be approved.
When I asked them whether they are sure that they filed for the H4, they said that they did but they did not sound too convincing. They turn the table around by asking whether or not I received the notice of receipt and my approval.
What concerns me are:
(1) My husband's approval & notice of receipt arrived at the lawyer's/employer's office, why is mine supposed to be mailed at my place?
(2) The possibility of H1B being approved and the H4 disapproved since we are both currently here in the United States already.
(3) Do I have a real reason to be alarmed that I do not have an approval for H4 at hand? Is there a possibility that it's just delayed right now since the approval for H1B arrived just two days ago?
(4) How can I verify whether the lawyer filed for the H4 with the H1B?
Help!
We had our lawyer file my husband's H1B non-profit with me as his dependent. I guess you can say that we trusted our lawyer too much when he said that he filed both for H1B & H4. Now, I feel so stupid for not inquiring about it too much before.
My husband's H1B just got approved and the lawyer is asking me now if I got my H4 or a notice of receipt of my own. I did not know that the notice of receipt for both of us should be different. I thought there ought to be 1 notice of receipt for the two of us since my status would be totally dependent whether or not he will be approved.
When I asked them whether they are sure that they filed for the H4, they said that they did but they did not sound too convincing. They turn the table around by asking whether or not I received the notice of receipt and my approval.
What concerns me are:
(1) My husband's approval & notice of receipt arrived at the lawyer's/employer's office, why is mine supposed to be mailed at my place?
(2) The possibility of H1B being approved and the H4 disapproved since we are both currently here in the United States already.
(3) Do I have a real reason to be alarmed that I do not have an approval for H4 at hand? Is there a possibility that it's just delayed right now since the approval for H1B arrived just two days ago?
(4) How can I verify whether the lawyer filed for the H4 with the H1B?
Help!
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pmat
05-15 12:23 PM
I have applied for birth certificate at Indian Consulate, SFO and received from them. They simply attested the information on my Passport on their letter head..will that be sufficient or I should get it from MRO/etc from India?
The birth certificate you get from the Consulate is not sufficient for I-485. If you don't have a birth certificate from the Municipal corporation of the city where you were born: then you need a Non-Availability certificate from that Municipal Corporation + 2 affidavits from close relatives.
Check with your lawyer for more information.
The birth certificate you get from the Consulate is not sufficient for I-485. If you don't have a birth certificate from the Municipal corporation of the city where you were born: then you need a Non-Availability certificate from that Municipal Corporation + 2 affidavits from close relatives.
Check with your lawyer for more information.
more...
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gc_on_demand
05-20 12:27 PM
lets keep this thread on top....
This shud be our focus for the next few days ./weeks until Iv Core says otherwise..Please FOCUS
Call these congressmen/women
Come on Folks CALL ASAP. GO IV GO >>>>
This shud be our focus for the next few days ./weeks until Iv Core says otherwise..Please FOCUS
Call these congressmen/women
Come on Folks CALL ASAP. GO IV GO >>>>
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ramaonline
02-05 11:51 AM
Please add a tracker bar to track the Advocacy day contribution amounts.
more...
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gc_on_demand
04-08 10:52 PM
Where is this guy VDLRAO who predicted "EB2 India will be current within a Year"? Did he mean year 2067?:D:D
VDLRAO and me and other members did prediction based on USCIS efficiancy and based on how it worked for last 2 years. Since Jan 2009 after new secretary came in we see lots of news about improve in process. If they improve more and more then we will clear of old PD application but VB dates move slowly . but no back and forth jump like previous year. So lets say if VB touches 2005 this summer then it will be same for next fiscal year first quater. Then it may move from there.....
VDLRAO and me and other members did prediction based on USCIS efficiancy and based on how it worked for last 2 years. Since Jan 2009 after new secretary came in we see lots of news about improve in process. If they improve more and more then we will clear of old PD application but VB dates move slowly . but no back and forth jump like previous year. So lets say if VB touches 2005 this summer then it will be same for next fiscal year first quater. Then it may move from there.....
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neoneo
06-28 02:42 AM
Please include your law firm with any info regarding 485 filings.
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ksurjan
07-11 06:34 PM
This is great..I wonder how powerful she is? They never cared to reply to her July 2nd letter.
StarSun
03-28 09:16 AM
StarSun...i'll help with both the tasks you mentioned. My lawyer already gives free advice in several LA univs so he might be interested in this.
My questions...says he is interested...what does he have to do to participate....is there a number to call for the conference call....or a special link where he has to go to join the chat? which thursday of the month is he needed...is this fixed or does it change every month?
To be honest i never visit the forum page unless i need to search for something and thats very rare....can we put up a link or an Icon with a tiny banner advertising the free lawyer phone call on the home page?
Thank you for taking up the 2 tasks.
As for the lawyer conference calls, it has to be on the fourth Thursday of the month consistently. (This month, we ended up with 5 Thursdays, and therefore have no conf calls for the last 2). If we can have 4 free conference calls in a month - free on both ends - it is good.
When lawyers answers questions from our members, either through the conference calls or in the forums, their contact info will run on the top hand side of every IV page, giving visibility to immigration lawyers in a very targeted market. It is a mutually beneficial program for both members (getting free advice) and the lawyers (visibility).
Talk to your lawyer, find about his interests and let me know, I will follow up with him/her soon after the advocacy days in DC.
My questions...says he is interested...what does he have to do to participate....is there a number to call for the conference call....or a special link where he has to go to join the chat? which thursday of the month is he needed...is this fixed or does it change every month?
To be honest i never visit the forum page unless i need to search for something and thats very rare....can we put up a link or an Icon with a tiny banner advertising the free lawyer phone call on the home page?
Thank you for taking up the 2 tasks.
As for the lawyer conference calls, it has to be on the fourth Thursday of the month consistently. (This month, we ended up with 5 Thursdays, and therefore have no conf calls for the last 2). If we can have 4 free conference calls in a month - free on both ends - it is good.
When lawyers answers questions from our members, either through the conference calls or in the forums, their contact info will run on the top hand side of every IV page, giving visibility to immigration lawyers in a very targeted market. It is a mutually beneficial program for both members (getting free advice) and the lawyers (visibility).
Talk to your lawyer, find about his interests and let me know, I will follow up with him/her soon after the advocacy days in DC.
pappu
03-20 08:48 AM
Oh Angel....please help me....i have been waiting in the Q for a long long time....can u kindly...expedite my GC......first i was a Kutta....now due to the itches all over....caused by wait for my GC i have become what my name indicates.....:D
Should it not be-- KhajuaKutta ?
Should it not be-- KhajuaKutta ?
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