HumJumboHathuJumbo
09-10 11:36 AM
I, for one, am happy with this Oct visa bulletin. This is how it should be. First give GCs to all those with < 2003 PD. You guys with 2006 and 2007 pd should be glad you even got to file I-485 and EAD. What are you bitching about?.
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svr_76
09-15 06:29 PM
GCTest: Is it also possible, as part of ur consultation, to see if once a person files in EB category he should NOT be allowed to marry citizen or person from current countries and thus be able to use FB etc...or other means... Or is your irritation only for EB2 category?
Comon ppl show your talent, earn a phd and get NIW...EB1 is current :-) I will try and move up the chain. Complete my master and get to EB2 and then further complete thersis and try a NIW. That will be a worthwhile fight not what is going on.
Comon ppl show your talent, earn a phd and get NIW...EB1 is current :-) I will try and move up the chain. Complete my master and get to EB2 and then further complete thersis and try a NIW. That will be a worthwhile fight not what is going on.
ganguteli
03-12 03:35 PM
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
Please do not convince your friends.
If you are yourself not contributing, how will you convince them to contribute. :D
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
Please do not convince your friends.
If you are yourself not contributing, how will you convince them to contribute. :D
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
more...
pune_guy
03-17 09:14 PM
Guys,
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
vparam
07-21 10:53 AM
Bring our issues in front of Ombudsman with the kind of time line we expect and let him take it up with the Govt.
I strongly doubt whether he could help. I am not sure how many people have done like me, but the recent change of de-linking H4 time from H1 was a year long effort by me with all the laws reffered and countered arguments that i provide to ombudsman. He helped in that but the help was routing it to appropriate AG's staff. So with such a deluge of application , he will analysis and make a recommendation that would take as long as this EAD issue will cease to be an issue and that would take another year for USCIS to implement.
I strongly doubt whether he could help. I am not sure how many people have done like me, but the recent change of de-linking H4 time from H1 was a year long effort by me with all the laws reffered and countered arguments that i provide to ombudsman. He helped in that but the help was routing it to appropriate AG's staff. So with such a deluge of application , he will analysis and make a recommendation that would take as long as this EAD issue will cease to be an issue and that would take another year for USCIS to implement.
more...
Caliber
05-15 03:47 PM
Finally at last today the web site shows that my Labor is certified. I am really glad at it. PBEC has shown us the HELL on earth and though I am 43 years old, I feel like much older than that due these PBEC guys. They never realize that this is our biggest milestone.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
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jojet
03-04 02:33 PM
HI GUYS,
me and my spouse filed 1485 in july 2007 with a received date of 10/07/07.
we donot see anychanges online other than the case received and pending notice.
is there a way we can find the status of our case.if name check is cleared,any further finger printing as we only did once in 2007.ours is eb3.any input highly appreciated.
me and my spouse filed 1485 in july 2007 with a received date of 10/07/07.
we donot see anychanges online other than the case received and pending notice.
is there a way we can find the status of our case.if name check is cleared,any further finger printing as we only did once in 2007.ours is eb3.any input highly appreciated.
more...
chisinau
08-02 11:47 AM
Thanx, peyton sawyer!
What kind of phone do you mean? I'm going to use www.freecall.com. Calls from PC to all ground lines in the USA are free. Hope it will work... Calling from my country is very expensive. The phone number of NVS is - (603)3340700, am I correct?
What kind of phone do you mean? I'm going to use www.freecall.com. Calls from PC to all ground lines in the USA are free. Hope it will work... Calling from my country is very expensive. The phone number of NVS is - (603)3340700, am I correct?
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JunRN
08-20 09:36 PM
While Illegal immigrants are simply using international drivers license, we, legal immigrants, are having difficulty getting to drive legally. This is simply ridiculous.
more...
chanduv23
09-12 01:58 PM
These are all good thoughts but what u are suggesting takes some time.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.
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suriajay12
03-07 07:24 AM
http://www.shusterman.com/
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
immigration-law.com also says the same thngs:
"03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin
* The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
immigration-law.com also says the same thngs:
"03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin
* The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "
more...
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mango_man
06-11 08:59 PM
ek dozen kitne mein girega mere bhai ?
how much for a dozen my friend...lol :D
If I buy mangoes from you, can you get me a green card ?
I am not selling mangoes. I am just asking you to eat it. I cant believe that you are so desperate to get green card that you will even buy mangoes to get it.
You guys need to have more sex. You will be a little less desperate in life.
how much for a dozen my friend...lol :D
If I buy mangoes from you, can you get me a green card ?
I am not selling mangoes. I am just asking you to eat it. I cant believe that you are so desperate to get green card that you will even buy mangoes to get it.
You guys need to have more sex. You will be a little less desperate in life.
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manishs7
07-20 04:08 PM
Hilary and Obama said NO to Legal Immigration...
MCcain said YES...
Choice is yours..
THINK before you vote...
MCcain said YES...
Choice is yours..
THINK before you vote...
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makemygc
09-10 02:34 PM
Manish,
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
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vayumahesh
02-04 08:35 AM
For AllvNeedGcPc,
Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.
It does not hurt to send a interfiling request letter from your attorney. You can raise a Service request (via phone) if it is outside of normal processing time (30 days past after being current).
:) Got greened on Jan 4th, 2011 (Refiled in EB2 and ported PD from EB3)
Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.
It does not hurt to send a interfiling request letter from your attorney. You can raise a Service request (via phone) if it is outside of normal processing time (30 days past after being current).
:) Got greened on Jan 4th, 2011 (Refiled in EB2 and ported PD from EB3)
more...
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go_guy123
09-02 01:49 PM
other options? u mean like Canada ?
what life? do u have one? in Canada ? if u have, u wouldn't be on this US immi website posting stupid comments.
sour grapes? feeling like jumped out too quick?
feeling like NA GHAR KA NA GHAT KA ?
:mad:
Way better than EB3-I/H1B in US....actually jumping out was the best thing I did before the GC train wrenk. This site keeps me aware of the latest changes in US immigration. After my wife's cad citizenship I might work in US even. Till then myself and wife...combined earn well
(I do agree as GC in US one can earn even more...I never deny that but GC is a pipe dream for India born)...actually I work incorporated (reduces tax liability)...sponsored my parents's pr few days back.
what life? do u have one? in Canada ? if u have, u wouldn't be on this US immi website posting stupid comments.
sour grapes? feeling like jumped out too quick?
feeling like NA GHAR KA NA GHAT KA ?
:mad:
Way better than EB3-I/H1B in US....actually jumping out was the best thing I did before the GC train wrenk. This site keeps me aware of the latest changes in US immigration. After my wife's cad citizenship I might work in US even. Till then myself and wife...combined earn well
(I do agree as GC in US one can earn even more...I never deny that but GC is a pipe dream for India born)...actually I work incorporated (reduces tax liability)...sponsored my parents's pr few days back.
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syzygy
09-15 04:05 PM
GCTest and et al if you have really raised 600 $ talk to good lawyer to sure the hell out of USCIS for its un accountability. This EB3 - EB3 rift is not going to help anyone but only USCIS. Take a chill pill and think carefully who has screwed us most -- IT IS USCIS. If you sue USCIS for unaccountability, changing rules at will and worst of all racial discrimination or new term for country based discrimination -- it is history waiting to happen.
There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.
There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.
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pcs
07-05 10:45 AM
Why Dont You Do It ??????????
axp817
03-12 02:57 PM
I'm all for the donors only area.
nuff said,
nuff said,
valuablehurdle
06-21 01:16 PM
My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.
Labor filed: April 15th, '07 EB2 'In Process'
Labor filed: April 15th, '07 EB2 'In Process'
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