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  • desi3933
    05-11 05:16 PM
    we are talking about inclusion logic here. Not the exclusion logic.

    I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.

    I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.

    Read for yourself.

    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • amitjoey
    05-23 04:10 PM
    I see a Webfax being setup. Only 49 members have used it. Very simple to use, click on webfax, enter your state and details, send. 10 sec. Please use this. This is the most simple thing you can do.




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  • desi3933
    07-09 11:01 AM
    The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.

    Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).

    This LAW should explain the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.


    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.




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  • rajbgp2002
    05-02 02:31 PM
    http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm


    SIA Urges Support for 'SKIL Bill'; Cornyn Bill Would Help High-Tech Industries Facing Shortage of Scientists and Engineers

    SAN JOSE, Calif. --(Business Wire)-- May 2, 2006 -- The Semiconductor Industry Association (SIA) today expressed strong support for S. 2691, legislation known as the "SKIL Bill" (Securing Knowledge Innovation and Leadership). The bill was introduced by Senator John Cornyn (R, TX) and co-sponsored by Senators George Allen (R, VA), Wayne Allard (R-CO), Robert Bennett (R-UT), Michael Enzi (R-WY), and Trent Lott (R-MS).



    The legislation has four main provisions supported by technology companies:

    -- It reforms both the H-1B visa and employment-based (EB) green card processes by exempting U.S.-educated foreign workers with advanced degrees from the H-1B and EB quotas.

    -- It creates a flexible, market-based H-1B cap. The current limits on such visas were reached in August 2005, preventing U.S. employers from utilizing H-1B visas to hire workers with critically needed advanced skills until October of 2006.

    -- It extends the optional post-curricular training program for foreign students to 24 months from the current 12 months. This provision would make it easier for skilled individuals to go from student to green card status.

    -- It exempts immigrant spouses and children of EB and green card workers from the annual cap, thus making more visas available for highly skilled workers.

    "America is simply not graduating enough scientists and engineers to keep our country in the forefront of innovation and technology," said SIA President George Scalise. "The provisions in Senator Cornyn's 'SKIL bill,' as well as similar provisions in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist and Senate Judiciary Committee Chairman Arlen Specter, address our critical shortage of scientists and engineers. The Congress must quickly pass legislation to keep foreign-born, U.S. educated talent working for U.S. companies. Leadership in technology has been critical to driving economic growth, enhancing productivity, improving our standard of living, and ensuring national security. Leadership is not a birthright -- it must be earned, and it takes highly skilled scientists and engineers to earn leadership," Scalise concluded.

    About the SIA

    The SIA is the leading voice for the semiconductor industry and has represented U.S. semiconductor companies since 1977. Collectively, the chip industry employs a domestic workforce of 225,000 people. More information about the SIA can be found at www.sia-online.org.



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  • nag2007
    03-25 04:14 PM
    I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.

    but some were lucky people got it quickly because they could cut lines.

    Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.




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  • immig4me
    02-04 03:59 PM
    /\/\/\



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  • unitednations
    08-25 03:15 AM
    UN,
    am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?

    wasnt h1b intended for a inhouse job rather than a job at a client company ?

    h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.

    In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.




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  • java_jaggu
    04-21 08:33 PM
    This thread just puts things in perspective. Getting a GC and beyond is a good thing, but in the larger scheme of things, enjoying the present moment and enjoying what you got is far more important. You never know when it can end !



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  • knnmbd
    05-07 04:18 PM
    Another warning. We will not tolerate flaming wars or denigrating posts.

    Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.

    If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.

    That's exactly what I was talking about. We are not going to have a law that will benefit all of us immediately, but could indirectly and also could take a while to see the effects of it. This does not mean that we try to stall such bills or exclaim that things are not fair as it does not benefit a certain group of people. We need to know that the law makers are at least smarter than all of us here and when they do things they do it with certain reasons and we need to respect that.

    All of us also have to remember that though we might me in the top 10% of this countries intellectual communities we are still all foreigners here and we should of course lobby our cause (like IV is currently doing such a great job of) and leave the rest of the burden to the law makers. I am sure they too have people to answer to and what ever law they pass will have to justifiable.




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  • 485Mbe4001
    07-28 12:29 PM
    good post with good points.

    Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.

    (On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.


    Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.

    Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.



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  • TIND_CT
    08-25 02:23 PM
    485+131+765 - Delivered on 5th July - TSC - EB3
    No receipt yet..




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  • imconfused
    07-03 11:17 AM
    trust me, everyone will write for 2 days more, then move on... i know that! agar kuch karna hi hotta to apna desh kahaan se kahaan pahunch gaya hotta... apne desh ko to badal nahi sakte idhar kya karengey? hehe

    keep writing, let me also see how many of us can do this..

    sab bol bacchan amitabh bachchan..



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  • sukhyani
    12-15 10:37 AM
    Guys check out this article on Washington Post's website:

    http://www.washingtonpost.com/wp-dyn/content/article/2006/12/14/AR2006121401362.html

    A whole lot of anti-immigrant folks are posting their comments. All the eloquent members of IV, please mount a counter attack!




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  • susie
    04-24 05:28 PM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul



    I am so truly sorry to hear of the passing of this gentleman and why there just has to be a compassionate visa introduced.

    My dear husband passed very quickly with this horrendous illness, my prayers and thoughts are with the family, god bless



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  • pd052009
    11-17 03:28 PM
    Sent to Sen. and Rep. of NC.




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    02-12 06:57 PM
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  • ashishgour
    09-21 10:53 AM
    Hi,

    Are there any one who filed at NSC on July 23rd and not received the receipt so far?

    Thanks,
    -rk.

    I am in the same boat...with approved 140 from TSC.
    So I believe my case might have been transferred to TSC.




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  • logiclife
    07-20 12:03 PM
    Please see homepage for more details.

    I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.

    If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.

    If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.

    If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.

    Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".

    If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.

    There is no such thing as secret protest.

    If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.




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  • buddyinsd
    02-08 05:58 PM
    Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW

    who is rapists and looters? I just want to know...please dont get mad and dont say Narendra Modi. he is the only great leader left in India.

    MC




    maag
    06-06 09:28 PM
    Hi Maag,

    I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.

    As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.

    What have you decided? do you know the procedure to get landing fee back?

    I am also giving up canada PR, i had also applied at the time my green card process was not moving, also i don't have any job offer as of now in canada, i don't want to leave what's in hand in hope of something similar (can't say better). I don't know procedure to get landing fees back and will soon be working on that.




    confu
    08-04 01:35 PM
    I got my card today.
    It starts on the next day of my old cards expiry date.
    Validity is for one year only though.


    What is your application PD and Category?



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