at0474
12-14 05:34 PM
The difference between your idea and mine is your thinking is still stuck in the 16th century. He is Indian, he is Chinese, he is Mexican etc, while I see everyone as human beings. There lies the difference.
--Oh homo sapien!! What was my idea again? Where did you get 'my idea vs your idea' from? I did not propose that country cap be enforced.
EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place,
--What if 10% a year from one country continues for few years...
US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !
--There are several factors influencing high hispanic population in this country. I am not sure what the link is here?? If the system is failing to ensure diversity, let us do away with it completely...
--Oh homo sapien!! What was my idea again? Where did you get 'my idea vs your idea' from? I did not propose that country cap be enforced.
EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place,
--What if 10% a year from one country continues for few years...
US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !
--There are several factors influencing high hispanic population in this country. I am not sure what the link is here?? If the system is failing to ensure diversity, let us do away with it completely...
wallpaper hot 4th of July is this Friday and fourth of july fireworks flag.
dealsnet
09-04 12:47 PM
You moron coming from the slum region or any other place in Bihar.
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
You are _TrueFacts aka poorslumdog aka insider
You are also here Mr.dealsnet...again I am telling you, use your peanut size brain if you have one. I heard Keral people good only for tea shop or Gulf. what are you doing here. You started your tea shop here. Do you sell medu vada also?
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
You are _TrueFacts aka poorslumdog aka insider
You are also here Mr.dealsnet...again I am telling you, use your peanut size brain if you have one. I heard Keral people good only for tea shop or Gulf. what are you doing here. You started your tea shop here. Do you sell medu vada also?
vamsi_poondla
02-14 12:56 PM
Let us get started with legal opinion of Rajiv Khanna. I believe we have strong grounds for the class action law suit for past sins of USCIS - not utilizing full capacity of VISAs for GC processing. That is defintely operational inefficiency. But USCIS might claim that this may never happen again now that the name check requirement is waived off after 180 days.
Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.
lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.
Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.
lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.
2011 2010 4th of July fireworks
NNReddy
04-03 01:12 AM
1. Mayawati.
2. Sharad Pawar.
3. ManMohan Singh.
one of these for sure
2. Sharad Pawar.
3. ManMohan Singh.
one of these for sure
more...
dealsnet
05-18 01:42 PM
It is not good to put fake identity in any forums. The guy (MARPHAD) pointed out have a good civic sense. Here admins are not paid. They have jobs, and not always watching people. This site is for every one. So the members have an obligation to find out the fake, anti immigrants. He may not be anti immigrant, but he have fake identity. So if you not correct, and going in wrong path, some one may point out to you. Do not expect you need or only obey a Police to get a direction. Grow up guys.
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
samay
07-28 04:39 PM
I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.
I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.
My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.
Please advise.
Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.
I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.
My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.
Please advise.
Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.
more...
engineer
07-04 09:40 AM
I have sent letter to Congressman Sensenberner (WI) about this issue.
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mbawa2574
02-15 04:38 PM
Employers hire only based on talent, ROW people must have less marketable skills or not want to leave their countries and we need to teach the US on capitalist principles.
You are absolutely right, you didn't miss my point, you completely lost touch with reality.
People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?
I will say we are one. We can a fair system which allows skills to be a deciding cretaria for EB immigration not the country of origin. If you ask me I will say there should be no cap on total number of EB Immg. visas and no country of birth cap. You want equality so stop supporting discrimination first.
You are absolutely right, you didn't miss my point, you completely lost touch with reality.
People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?
I will say we are one. We can a fair system which allows skills to be a deciding cretaria for EB immigration not the country of origin. If you ask me I will say there should be no cap on total number of EB Immg. visas and no country of birth cap. You want equality so stop supporting discrimination first.
more...
paskal
12-13 11:13 AM
employment base makes up only about 11% of all immigration
the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.
this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.
How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?
The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?
Fair? You decide.
the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.
this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.
How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?
The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?
Fair? You decide.
hair Happy Fourth of July!
royus77
06-28 05:16 PM
the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...
Its all theory ...Do you have any explanation why they rejected for the " Other workers" in june period
Its all theory ...Do you have any explanation why they rejected for the " Other workers" in june period
more...
rghangrekar
02-13 10:26 AM
I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....
Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.
Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.
hot 4th of July Banner of a Flag
gapala
04-20 04:08 PM
Guys,
Poll is ok, but what about our voting rights? Many countries allow citizens to use proxy vote / vote by mail to exercise their rights... I remember that there was a bill in 2006 on the floor of parlement to allow this for NRI's and Congress party was dead against such a bill due to some reason... Not sure what happened after that...
Its rediculous that about a million folks in this country and many more around the world, (I believe 30 million or so NRI's in total) are deprived of their fundamental contitutional right to vote, well a small portion compared to total population. Its unfortunate.
Poll is ok, but what about our voting rights? Many countries allow citizens to use proxy vote / vote by mail to exercise their rights... I remember that there was a bill in 2006 on the floor of parlement to allow this for NRI's and Congress party was dead against such a bill due to some reason... Not sure what happened after that...
Its rediculous that about a million folks in this country and many more around the world, (I believe 30 million or so NRI's in total) are deprived of their fundamental contitutional right to vote, well a small portion compared to total population. Its unfortunate.
more...
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krishna.ahd
02-20 03:58 PM
I keep thinking about going back and your inputs are valuable in this regard...
But in my case I could think of a few more factors...
1. Back home the economy is sizzling...(Don't know how long that would last)..
2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....
Good discussion so far MSP and UNITEDNATIONS but you folks touched the weakest point for me
Some of us like me dont have any choice but stay and wait for GC.
Reason came here late age and now wife is doing Phd and Kids are doing good at school , elder one about to enter college ( i have to pay the full fees if i dont get GC soon) and high school GPA close to 4.0
But in my case I could think of a few more factors...
1. Back home the economy is sizzling...(Don't know how long that would last)..
2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....
Good discussion so far MSP and UNITEDNATIONS but you folks touched the weakest point for me
Some of us like me dont have any choice but stay and wait for GC.
Reason came here late age and now wife is doing Phd and Kids are doing good at school , elder one about to enter college ( i have to pay the full fees if i dont get GC soon) and high school GPA close to 4.0
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kondur_007
07-26 06:04 PM
I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?
This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.
What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)
If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...
At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.
This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.
What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)
If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...
At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.
more...
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shirish
10-24 03:34 PM
I have a question on a similer subject, but not exactly labour sub
In my case my previous company filed my labour, i got it approved, then i got my 140 approved too. But i had to leave the company (I could have stayed for the GC but had to leave- before leaving that company i worked in their india office for 2 years). Then they used my approved labour for another employee.
I have joined another company and back in the US now,i understand that the labour is not for me, i have to go for the labour again, but is it possible to use my previous PD.
In my case my previous company filed my labour, i got it approved, then i got my 140 approved too. But i had to leave the company (I could have stayed for the GC but had to leave- before leaving that company i worked in their india office for 2 years). Then they used my approved labour for another employee.
I have joined another company and back in the US now,i understand that the labour is not for me, i have to go for the labour again, but is it possible to use my previous PD.
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Widget
02-18 03:35 PM
I fully agree with you. the point is that we are not powerful (EB peopel) in order to force the gov to do something about it. The farmers, illegals, helathcare EB peopel are in much better situation than us (regular EB peopel).
My children are doing very well in schools and they are much better than any average student in the class and I can not take them back to my home country after they have achived good grades. My wife ca not work because she is an H4 holder, I can not take buy a house because I am not sure if I am going to have a job for more than 2 years.
it is a very difficult situation and I have to think about a back up plan after beeing in this situation since 2003. By the way, I an ROW H1 holder.
I have and approved I-140 (PD 01/2004) and I can not file for I-485.
I can only give examples from personal life. My personal examples lead me to believe that a lot of people, though aware of retrogression, are unaware of what it really means.
Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.
Then I learnt about IV. And I learnt about the problems.
Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?
So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.
But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.
My children are doing very well in schools and they are much better than any average student in the class and I can not take them back to my home country after they have achived good grades. My wife ca not work because she is an H4 holder, I can not take buy a house because I am not sure if I am going to have a job for more than 2 years.
it is a very difficult situation and I have to think about a back up plan after beeing in this situation since 2003. By the way, I an ROW H1 holder.
I have and approved I-140 (PD 01/2004) and I can not file for I-485.
I can only give examples from personal life. My personal examples lead me to believe that a lot of people, though aware of retrogression, are unaware of what it really means.
Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.
Then I learnt about IV. And I learnt about the problems.
Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?
So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.
But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.
more...
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vikki76
05-11 01:27 AM
E3 visa is not enough reason to move to Australia.If ultimate decision is to come back to US ,then Canada is a better choice.
Lot of couples are there who are both on H1-B visa here, their GC plight is also same
Lot of couples are there who are both on H1-B visa here, their GC plight is also same
girlfriend Fourth of July Fireworks Red
rahulpaper
06-28 04:58 PM
In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exhausted..it wasnt USCIS directly jumping to conclusions.
my 2 cents..
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
my 2 cents..
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
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tikka
07-04 07:39 AM
http://indiapost.com/article/immigration/597/
On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.
An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.
In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.
AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.
Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.
If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."
The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.
Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.
For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.
To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.
If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.
While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.
Cyrus D. Mehta
On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.
An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.
In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.
AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.
Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.
If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."
The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.
Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.
For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.
To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.
If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.
While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.
Cyrus D. Mehta
ita
04-15 08:15 PM
I remember reading last year a kid who posted something about why he doesn't like Saino was nabbed by cyber crime team near Delhi.Don't know what happened to him after that.
Also I read about Chetan Kunte in the NDTV-Mumbai issue.
CEC Gopalaswami said that Navin Chawla one of the EC always runs to loo breaks when they are in the middle of important decision making which may have not so good effect on a certain party and by the time Navin Chawla came back from loo break there would be a call from Congress party trying to pressurize the decision of Election commission.
I read somewhere Rahul Gandhi during Boston arrest was rescued by Saino men in Vajpayee govt.
Navin Chawla will most probably succeed Gopala Swami when he retires this month.
Of course we all know about our honorable president (with due respect to her ,her body language looks like I'm sorry madam I'm sitting on a sofa in front of you when I should be by your feet ,when she's around Sonia Gandhi)
Looks like this family has bought men all over the place.Now makes sense where all the scam money (be it oil scam or missile scam) goes.
No wonder Varun Gandhi's issue was made such a big controversy even when nothing was proved.
Kapil Sibal wanted to pull a Varun Gandhi stunt with Modi and Modi's response is hilarious.
"To Union Minister Kapil Sibal’s remarks that Mr. Modi should be arrested for his rabid remarks, he said: “You have my address and you are free to arrest me anytime, if you have the guts.” “The jail that could keep me in is yet to be built in India,” he said.
http://www.hindu.com/2009/04/15/stories/2009041561271300.htm
Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.
Also I read about Chetan Kunte in the NDTV-Mumbai issue.
CEC Gopalaswami said that Navin Chawla one of the EC always runs to loo breaks when they are in the middle of important decision making which may have not so good effect on a certain party and by the time Navin Chawla came back from loo break there would be a call from Congress party trying to pressurize the decision of Election commission.
I read somewhere Rahul Gandhi during Boston arrest was rescued by Saino men in Vajpayee govt.
Navin Chawla will most probably succeed Gopala Swami when he retires this month.
Of course we all know about our honorable president (with due respect to her ,her body language looks like I'm sorry madam I'm sitting on a sofa in front of you when I should be by your feet ,when she's around Sonia Gandhi)
Looks like this family has bought men all over the place.Now makes sense where all the scam money (be it oil scam or missile scam) goes.
No wonder Varun Gandhi's issue was made such a big controversy even when nothing was proved.
Kapil Sibal wanted to pull a Varun Gandhi stunt with Modi and Modi's response is hilarious.
"To Union Minister Kapil Sibal’s remarks that Mr. Modi should be arrested for his rabid remarks, he said: “You have my address and you are free to arrest me anytime, if you have the guts.” “The jail that could keep me in is yet to be built in India,” he said.
http://www.hindu.com/2009/04/15/stories/2009041561271300.htm
Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.
Michael chertoff
07-03 02:48 PM
I applied for EAD paying old fees in Jul 2007, and I renewed with new fees this year in Jun 2008, would like know if I need to pay renewal fees again when I renew my EAD in Jun 2009.
Brother for this type of questions it is better if you can read the Instructions.
Thanks
MC
Brother for this type of questions it is better if you can read the Instructions.
Thanks
MC
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