gc28262
07-21 10:07 AM
Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?
Uscis.gov --> LAWS-->Immigration and Nationality act-->Immigration and Nationality Act (Legal Code)->203 Allocation of immigrant visas
Uscis.gov --> LAWS-->Immigration and Nationality act-->Immigration and Nationality Act (Legal Code)->203 Allocation of immigrant visas
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zoooom
07-20 10:10 AM
nice job guys
I think we should extend it till monday atleast
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
I think we should extend it till monday atleast
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
shsk
07-06 11:34 PM
Send thank you greeting card for 30 days to USCIS. That will give continuous media attention
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sathweb
01-30 03:34 PM
My problem is simple.. do not misrepresent the facts, which is what seems to be the case here.. How can you have a H1 and not get paid??? Do you have any other logical reasoning? If the person has H1 and is not getting paid then there can only be two lawful situations: 1) person is on leave of absence, which is without pay or 2) has not yet started the job.
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
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simple1
05-04 07:38 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
srinithati
12-15 11:38 PM
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
more...
skdskd
11-21 03:56 PM
Our thoughts and Prayer with you.
Have Faith in almighty god.
I don't know what to say.
You are really a bold man, I can not imagine thinking beyond myself in time of trouble.But you are great Mehul.
Have faith in god and take second/third opinion
Have Faith in almighty god.
I don't know what to say.
You are really a bold man, I can not imagine thinking beyond myself in time of trouble.But you are great Mehul.
Have faith in god and take second/third opinion
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xtronics
04-22 08:05 AM
Extremely sorry to hear the news. My sympathy to his family
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mmj
05-08 02:35 PM
I'm so thrilled that this happened ... I actually expected this to happen ........ Not sure why they didnt simply make it U .... Hopefully will spur all the EB2 folks to do something rather than thinking that the problem is only for unfortunate EB3 filers :)
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Sachin_Stock
09-23 02:18 PM
Another basic information. I-140 needs to be approved on its own merit. Once it is approved, the dates would be ported. There's no such extra-scrutiny added related to "porting" exercise as such.
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bsbawa10
05-09 05:50 PM
I am all for law suite. That is the only thing that will work if it will. I have also written to whitehouse.gov/contact.
Thanks.
Thanks.
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lotres
11-21 03:29 PM
Dear Mehul,
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
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h1techSlave
09-26 08:08 AM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
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avi_ny
09-04 03:39 PM
:) My Checks got cashed today, I can see SRC receipt number on the back. More details in my signature.
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zoooom
07-20 11:42 AM
pledging $100
Thanks a lot...will let you know once all the details are known.
Thanks a lot...will let you know once all the details are known.
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kvranand
09-25 10:40 PM
I have received all of my family reciepts (I-485,AP,EAD) today from my attorney. Case filed at NSC and got the receipts with LIN numbers. Package reached NSC on Aug 10, '07.
RD Aug 13, '07.
ND Sept 19, '07.
RD Aug 13, '07.
ND Sept 19, '07.
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immigrant2007
09-11 02:02 PM
Guys
I am seeing lot of heat and frustration out here and it is understandable to whole extent. First of all, I am a DC/MD/VA state chapter member and working towards achieving goals of getting GC in one year. Sounds funny right!!!! But it is true. We are working at grass roots with the National Leadership of IV to get things going at individual constituency level. I just posted this on another thread on IV. You might be knowing that DC Metro area should be having thousands of professionals making good money and stuck in this mess!!! Thousands!!! Do you know how many active members we have for this chapter!!! around 160!!!! Do you know how many turn up for weekly chapter meeting!!! 15!!!! But we are fortunate two have these 15 people who are putting their time and effort to talk to lawmakers.... These people also donate money. By the way these people are mix of EB 2 and EB 3. Do not try to create this division of EB2 and EB3. Some of the people running this IV have their green card but they are still putting in their time for you guys to lobby....It just takes 25$ each month to become donor but people don't want to do that. Don't think that IV will show you proof of concept for you to start donating. If you cannot volunteer, just keep quiet and wait for next VB. I also know that people cannot make to state chapter meeting because of commitments, distance etc. Understandable but have they asked state chapter via email what all they can do in their constituency to sort this out......Join State Chapter and see what all IV is doing...You guys have no idea what all is going on behind....If you think you can help...at least start donating and more important....start volunteering with your state chapter....If thousands of us start screaming to our lawmakers office....you will not need money to lobby anymore.....
I commend you guys for yuor efforts. best wishes for all of us
I am seeing lot of heat and frustration out here and it is understandable to whole extent. First of all, I am a DC/MD/VA state chapter member and working towards achieving goals of getting GC in one year. Sounds funny right!!!! But it is true. We are working at grass roots with the National Leadership of IV to get things going at individual constituency level. I just posted this on another thread on IV. You might be knowing that DC Metro area should be having thousands of professionals making good money and stuck in this mess!!! Thousands!!! Do you know how many active members we have for this chapter!!! around 160!!!! Do you know how many turn up for weekly chapter meeting!!! 15!!!! But we are fortunate two have these 15 people who are putting their time and effort to talk to lawmakers.... These people also donate money. By the way these people are mix of EB 2 and EB 3. Do not try to create this division of EB2 and EB3. Some of the people running this IV have their green card but they are still putting in their time for you guys to lobby....It just takes 25$ each month to become donor but people don't want to do that. Don't think that IV will show you proof of concept for you to start donating. If you cannot volunteer, just keep quiet and wait for next VB. I also know that people cannot make to state chapter meeting because of commitments, distance etc. Understandable but have they asked state chapter via email what all they can do in their constituency to sort this out......Join State Chapter and see what all IV is doing...You guys have no idea what all is going on behind....If you think you can help...at least start donating and more important....start volunteering with your state chapter....If thousands of us start screaming to our lawmakers office....you will not need money to lobby anymore.....
I commend you guys for yuor efforts. best wishes for all of us
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ramus
07-07 10:33 PM
That's the reason I said if we at least get 1000 members then we can ask core members and get their help. members should seriously think if they can make it before they saying yes.. I think even Friday option works as member can take long weekend and spend weekend in DC. We will also get to know all IV members.
What do you say?
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
What do you say?
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
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fightnow
07-06 07:52 PM
I mentioned to the police that most participants are from China and India. This is true. Both are the main victims of backlog and what so ever.
apahilaj
08-09 09:27 AM
Yesterday status got updated for me and my wife as below:
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
Same here...
Last night at 10:45 PM I received two emails for me and my wife for "approval notice sent"...
Hopefully, I will have my cards in hand by next week.
Thanks and god bless all!
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
Same here...
Last night at 10:45 PM I received two emails for me and my wife for "approval notice sent"...
Hopefully, I will have my cards in hand by next week.
Thanks and god bless all!
TheOmbudsman
06-26 03:24 PM
Well, even the traffic/speeing violation may become a crime. It just depends on how many times you keep doing it !
I am sorry stucklabour but a traffic/speeding violation is a misdemeanour and not breaking the law. Being in this country illegally is actually breaking the law. Now i am not going to get suckered into a whole legals v/s illegals debate, but at some level i do feel that undocumented workers HAVE broken the law. Besides the argument that "everyone does it" really doesnt cut it. 10 wrongs do not make 1 right. If you look at the punishment for the 2 things a speeding violation leads to a simple fine, a violation of Visa leads to deportation.
Now i personally dont care, whether the US Govt asks the undocumented to stay or leave. What i DO care about is, how we, the legals are treated. So whether the illegals are mexican, indian, chinese, cambodian or actual aliens from Mars, the policy should be: "If you come the right way, you will make it in, if you come the wrong way, you will either NOT make it in at all, OR will have to wait much longer than the people who came in the right way". So poeple pls stop the "racist" remarks against Just the Mexican community and culture. On the other hand the moderators too have to understand that everyone here does have a right to express SOME opinions regarding the undocumented/illegal immigrants. When you see urself and people doing things the right way waiting for years, as opposed to people doing things the wrong way being literally gifted Green cards, it does raise anger and frustration levels.
I am sorry stucklabour but a traffic/speeding violation is a misdemeanour and not breaking the law. Being in this country illegally is actually breaking the law. Now i am not going to get suckered into a whole legals v/s illegals debate, but at some level i do feel that undocumented workers HAVE broken the law. Besides the argument that "everyone does it" really doesnt cut it. 10 wrongs do not make 1 right. If you look at the punishment for the 2 things a speeding violation leads to a simple fine, a violation of Visa leads to deportation.
Now i personally dont care, whether the US Govt asks the undocumented to stay or leave. What i DO care about is, how we, the legals are treated. So whether the illegals are mexican, indian, chinese, cambodian or actual aliens from Mars, the policy should be: "If you come the right way, you will make it in, if you come the wrong way, you will either NOT make it in at all, OR will have to wait much longer than the people who came in the right way". So poeple pls stop the "racist" remarks against Just the Mexican community and culture. On the other hand the moderators too have to understand that everyone here does have a right to express SOME opinions regarding the undocumented/illegal immigrants. When you see urself and people doing things the right way waiting for years, as opposed to people doing things the wrong way being literally gifted Green cards, it does raise anger and frustration levels.
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