dks
06-22 09:09 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
Why dont we include the illegals in our plan. Now thats what is called comprehensive. A football stadium with people standing outside is what you get.
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
Why dont we include the illegals in our plan. Now thats what is called comprehensive. A football stadium with people standing outside is what you get.
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lost_in_migration
05-01 05:31 PM
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), 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.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), 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.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
485Mbe4001
10-27 02:10 PM
I agree with you on this kaka. I heard Ed Royce speak yesterday on how the house forced the fence bill without amnesty and how they plan on killing that bill. He even talked on on how they managed to force the president to have a pulblic ceremony to sign the bill instead of a small private one that the white house wanted. There is little hope that he and people like him will ever vote on anything that supports our requirements, even if the democrats win the house they will need lots of republican support to pass anything. Skill will always be linked to CIR.
Dont worry . it is not going to pass
Dont worry . it is not going to pass
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psk79
09-12 02:48 PM
I am in exactly same boat, with no idea about my pending application.
Absolutely hate this feeling.
Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...
Absolutely hate this feeling.
Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...
more...
sanhari
07-26 09:43 AM
GCperm, Thank you for your inputs.
I actually got this input of contacting congressman to implement this change, from USCIS only(their blog). I will also contact the ones mentioned in your posting. I also request all EB folks affected by this spillover usage not based on priority date, to contact them in addition to their local congressman. Let's not leave any stone unturned to make this happen, to help us all out. If this happens soon to create an impact, we may see some light in the upcoming bulletins. So all of you please do your part to contact them today(if not done already), I am on it now.
Sanhari,
If we go with your feeling, and run the Campaign right way then following is summary.
1) What you mentioned was there is no need to Legislative change for your solution only Interpretation of INA need to be changed challenged.
2) EB3 Folks want only on using Fall Across / Down /UP visa's to be allocated based on PD, rather then category.
3) Removing Country quota will need legislative change and EB3 folks don't want to take it on hand at this time.
4) You and EB3 folks are good with division created by this Campaign.
Now, If above summary is true then You need to be doing following,
1) READ INA and Find where is violation or Incorrect interpretation in Applying VISA to EB2.
2) You need to be contacting DOS - Mr. Charles Oppenheim / Hillary Clinton their 2007 interpretation of Applying VISA to EB2.
3) You need to be contacting DOS Liaison to Challenge their 2007 interpretation of Applying VISA to EB2.
4) If EB3 Guys are confident of incorrect INA interpretation, collect Money and Prepare for Law-Suit if needed.
5) As there is no Legislative changes needed, there is no need to contact Law makers (Senators, House members).
6) There is no Process improvements so no need to reach out to USCIS ombudsman.
7) Its About VISA allocation by DOS, so contacting USCIS won't help either.
Now Contacts for DOS,
Followings are Contact Information for DOS Liaison,
Palma R. Yanni (dl), DOS Liaison Committee Chair, AILA Past President, Washington, DC Contact Information (http://www.palma-yanni.com/contact.htm)
Jerome G. Grzeca, DOS Liaison Committee Vice-Chair, AILA Board of Governors, Milwaukee, WI http://www.grzecalaw.com/contact_us.cfm
Following is the Link to Send email/Questions to Department of State.
Contact Us at the U.S. State Department (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=4Eiijc*j&p_accessibility=0&p_redirect=&p_lva=264&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTYsMTE2JnBfcHJvZHM9JnBfY2F0cz0mcF9wdj0 mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ub CZwX3BhZ2U9MQ)
Following is the Contact information for DOS
http://www.state.gov/documents/organization/111781.pdf
Oppenheim, Charles W. CA/VO/F/IV L415(CHIEF SA-1 (202) 663-1087
Good Luck and God Bless.
I actually got this input of contacting congressman to implement this change, from USCIS only(their blog). I will also contact the ones mentioned in your posting. I also request all EB folks affected by this spillover usage not based on priority date, to contact them in addition to their local congressman. Let's not leave any stone unturned to make this happen, to help us all out. If this happens soon to create an impact, we may see some light in the upcoming bulletins. So all of you please do your part to contact them today(if not done already), I am on it now.
Sanhari,
If we go with your feeling, and run the Campaign right way then following is summary.
1) What you mentioned was there is no need to Legislative change for your solution only Interpretation of INA need to be changed challenged.
2) EB3 Folks want only on using Fall Across / Down /UP visa's to be allocated based on PD, rather then category.
3) Removing Country quota will need legislative change and EB3 folks don't want to take it on hand at this time.
4) You and EB3 folks are good with division created by this Campaign.
Now, If above summary is true then You need to be doing following,
1) READ INA and Find where is violation or Incorrect interpretation in Applying VISA to EB2.
2) You need to be contacting DOS - Mr. Charles Oppenheim / Hillary Clinton their 2007 interpretation of Applying VISA to EB2.
3) You need to be contacting DOS Liaison to Challenge their 2007 interpretation of Applying VISA to EB2.
4) If EB3 Guys are confident of incorrect INA interpretation, collect Money and Prepare for Law-Suit if needed.
5) As there is no Legislative changes needed, there is no need to contact Law makers (Senators, House members).
6) There is no Process improvements so no need to reach out to USCIS ombudsman.
7) Its About VISA allocation by DOS, so contacting USCIS won't help either.
Now Contacts for DOS,
Followings are Contact Information for DOS Liaison,
Palma R. Yanni (dl), DOS Liaison Committee Chair, AILA Past President, Washington, DC Contact Information (http://www.palma-yanni.com/contact.htm)
Jerome G. Grzeca, DOS Liaison Committee Vice-Chair, AILA Board of Governors, Milwaukee, WI http://www.grzecalaw.com/contact_us.cfm
Following is the Link to Send email/Questions to Department of State.
Contact Us at the U.S. State Department (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=4Eiijc*j&p_accessibility=0&p_redirect=&p_lva=264&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTYsMTE2JnBfcHJvZHM9JnBfY2F0cz0mcF9wdj0 mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ub CZwX3BhZ2U9MQ)
Following is the Contact information for DOS
http://www.state.gov/documents/organization/111781.pdf
Oppenheim, Charles W. CA/VO/F/IV L415(CHIEF SA-1 (202) 663-1087
Good Luck and God Bless.
diptam
06-22 01:50 PM
Please keep us posted how you managed your employer...
I laid out my plan above but yet to execute that :)
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
I laid out my plan above but yet to execute that :)
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
more...
JunRN
08-27 05:35 AM
Mine was filed on July 31 as per FEDEX tracking number was received by C. Houge....I am hoping to receive my RNs on the first week of September based on the rate as per USCIS Receipt Processing Notice....
2010 quot;House of the Wolf Manquot; tells
gcspace
10-16 10:07 AM
I emailed CIS Ombudsman. Not sure if its going to cause any affect.
I might call them tomorrow..but we know what the reply is going to be ...WAIT for another 30 days.
I might call them tomorrow..but we know what the reply is going to be ...WAIT for another 30 days.
more...
reddymjm
06-12 07:19 PM
My case file on 06/01/07 but i did not get any conformation
I have lot of friends in the same boat.
I have lot of friends in the same boat.
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royus77
07-06 06:45 PM
Can we have similar protest in DC coinciding with the west coast one ?Any takers ???? This should be done may be next sat/sun before the issues goes back into the hoistory
more...
pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
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.
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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english_august
07-09 04:53 PM
Sent the press release to local news stations in KY state. If they are interested in the story i will ask them to contact IV for more information.
maine_gc - don't just refer them to IV. Interest is primarily ours, so we have to be dogged about pursuing it. Call someone, talk to them and be persistent in conveying our issues.
maine_gc - don't just refer them to IV. Interest is primarily ours, so we have to be dogged about pursuing it. Call someone, talk to them and be persistent in conveying our issues.
more...
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.jpg "Wolf Man (1941)")
ramus
07-07 12:05 PM
Hi,
Please join NC state
chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.
Thank you for your interest.
I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.
Please join NC state
chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.
Thank you for your interest.
I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.
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Aah_GC
05-19 09:42 PM
Same boat guys. July 07 filer and have not received my FP yet. My lawyer thinks it should not be a problem at all, and I read of a case here who got his GC without ever fingerprinting.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
more...
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LCtank
06-20 01:30 PM
No reason to loose energy. Enjoy what you have and make the best out of it. Agree, this should be the way everybody lives his/her life. While you have little control of it, just enjoy your time as you usually do. Eat your favorite food, love your love, don't let anything behind because of this issue.
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kevin08
11-19 04:53 PM
Recieved standard reply from Senator's office.
more...
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mpkmaster
06-22 11:27 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
I back up Harutium on this!
Let's encourage people like Specter, and do not play the game of that band betraying President Bush in the House!:eek:
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
I back up Harutium on this!
Let's encourage people like Specter, and do not play the game of that band betraying President Bush in the House!:eek:
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edd
06-11 04:45 PM
I know one of us got it. Any one else ?
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fromnaija
11-18 10:17 AM
Done!
tonyHK12
11-18 01:50 PM
I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
Even I participated in the campaign, but I don't think it will impact anything for us.
If you mean IV and are waiting for results to support, consider that we have hired a Lobby in DC and are spending a lot of money in campaigns.
we cannot just give them an IOU and say, we'll pay you later and only if you succeed.
No business works like that. we don't have a charge card to dispute transactions.
Even I participated in the campaign, but I don't think it will impact anything for us.
If you mean IV and are waiting for results to support, consider that we have hired a Lobby in DC and are spending a lot of money in campaigns.
we cannot just give them an IOU and say, we'll pay you later and only if you succeed.
No business works like that. we don't have a charge card to dispute transactions.
sam2006
07-20 03:57 PM
I am willing to Contribute $150 for Aman.
thank you venkat
thank you venkat
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