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  • desi3933
    01-31 05:53 PM
    In case of a dependant 485 there is no requirement to be paid on EAD.

    For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • Berkeleybee
    02-14 01:17 PM
    Retrohatao,

    Also want to tell you that as the CA team meets lawmakers we give them an informational packet that includes:

    (1) Our presentation

    (2) CIS Ombudsman's Report:
    http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf

    (3) GAO Report on Backlogs at USCIS
    http://www.gao.gov/new.items/d0620.pdf

    (4) Exec Summary of NAS Rising Above a Gathering Storm
    http://fermat.nap.edu/catalog/11463.html

    (5) How Visa Date Cutoffs Are Established from July 2000 Bulletin
    http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html

    Number (3), the GAO report describes the security check problem in tremendous detail. We give this report to lawmakers to remind them of the farcical nature of the security check problem. Note also that the CIS Ombudsman's report also includes critical commentary on the security check problem.

    To reiterate, we are committed to removing ALL the hurdles in the process, not pick and choose between them.

    best,
    Berkeleybee





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  • nc14
    01-17 03:48 PM
    Just signed up for $20 monthly Recurring. Thanks a lot guys for doing what you have done so far and plan to do in the future. GOD Bless IV and its efforts.





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  • hara_patta_for_rico
    07-09 07:05 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.


    Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.



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  • nomi
    12-13 01:24 PM
    All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

    - IV has indepth explored and studied this option and have found that this change is not possible administratively.
    - we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
    - In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
    - Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
    - If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

    Hope this explains this topic. Thanks


    Thanks Pappu for explaination. Look like this door is already close. Well let me know if I can do anything to help.





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  • spicy_guy
    07-12 04:27 PM
    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

    Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D



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  • NKR
    03-10 10:09 AM
    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases… Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.





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  • mirage
    02-03 08:17 AM
    Guys,
    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...



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  • ak_2006
    09-09 02:37 PM
    I feel like there will be no special help from anybody including IV. I am not blaming IV for this as they have to fight for all. We (EBI) need lead the fight to do something.

    But many of us not willing to do spend time/money for this cause. If a person can't do those, switch jobs, and find jobs where we can start processing in EB2, or ask current employers to apply in EB2.





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  • rockstart
    03-13 09:44 AM
    Has any one working on EAD experienced delays in renewals and how does HR department react to such delay's. Least on H1 it is clear that you can work for 8 months on receipt.



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  • SFSweta
    09-10 02:43 PM
    So there you have it - no vote on the bill today...


    I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.

    We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...





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  • sodh
    07-24 01:35 AM
    Pappu, Others:

    My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.

    What are my options now? If you have any insight please let me know.

    I was wondering about doing one or both of the following two things:
    1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
    2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.

    Thanks!
    Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.



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  • fromnaija
    01-19 10:59 AM
    The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.

    Please add more facts, figures, numbers.

    There are around 147,000 employment based Visa number available every year.
    Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
    Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
    This 1470 will be divided between EB1, EB2 and EB3 category
    That means every category will get 490 Visa Number.
    USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
    Total GC application pending with USCIS is around 1MM.
    In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.

    There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.





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  • snram4
    04-10 03:34 PM
    One of the main reason for EB3 in 2001 is From 2000 to 2003 they increased H1b from 65 to 180K. Most people came those time was BA, BSC and B TECH. So most would have applied by EB3 and also from 2000 more than 60% of H1bs were Indians. It may take a few more years to clear 2001 to 2003. But there could be some spill over from Eb2 in 2 years time. So from 2012 Eb3 may move fast. Still 7 to 10 years waiting period may not change unless some bil or CIR is passed. But it should be noted that H1B Cap applications received this year is around 13500. So past 2 years slow down will make PD to improve.

    We are looking at Annual Report of Immigrant Visa Applicants - http://www.travel.state.gov/pdf/WaitingListItem.pdf

    On Page 1. - "The petitions of applicants who will be processed at an overseas post are forwarded by CIS to the Department of State"

    Our Interpretation: As USCIS processes I140 Applications, and I140 Applications has Field for Consular Processing options, they would Direct those Applications to DOS Via Above Process.

    Question:
    Are this Numbers are total VISA demand recorded at DOS?

    Anybody other Views?



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  • ramus
    07-03 03:00 PM
    Thanks.


    Contributed $100.

    Order Details - Jul 3, 2007 10:34 AM PDT
    Google Order #222021463879830





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  • EB3_SEP04
    05-26 06:15 PM
    Just out of curiosity.

    You were not asked to show any documents (your friend was)?
    May be because your son is a US Citizen...

    My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
    So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.

    During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".

    so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".

    There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)



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  • PHANI_TAVVALA
    05-15 03:59 PM
    Dont take current year as a standard (unless you believe that things will get only worse from here). About your ROI description, it is very generic. Each person has to take his or her personal circumstances into consideration before making this calculation. Another problem with this ROI calculation being applied to engineers (I am one too) is that our initial salaries tend to be high but we tend to hit a ceiling around the time we hit 30 (what next after project manager or product manager?).

    One more important thing to think about is what do you want to do in life. If MBA can get you there, there is probably not much meaning to this ROI calculation as you cannot put a price on ability to do what you wanted to (and be happy). This is precisely why I said find out why do you want an MBA in the prior post. That is the most important part of this discovery process. I understand that lives change and people change, which is why it is important to talk to people who have "been there and done that".

    I agree this is a bad year but this was an article from 2006. I also completely agree that people need to pursue M.B.A with the aim of improving their skills or with the aim of improving their marketability or future career growth but then once you pay the big bucks it alwyas filters down to ROI. But spending 2 years of one's life at a full-time school shelling out 100's of thousands of dollars (especially if it is out of their own pocket) will make sense only if one can justify the investment in terms of dollars. People expect sunk costs to be recovered in the future. Investment banking and finance offered that opportunity to M.B.A professionals where they could draw anywhere between $300k-450k in base salary alone apart from millions of dollars in bonuses. Going into the future, the current socialistic government will keep tabs on such exuberant pays.

    I weighed all these when deciding to start part-time. I always wanted to be a Mechanical Engineer and I want to be associated with my field for rest of my life. My intent of pursuing M.B.A is to move up the ladder quickly in Engineering/Technology Management.





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  • vamseedhard
    06-03 12:17 AM
    I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
    This year I applied for H1-B and my application got selected in lottery
    Need your help in clearing my below doubts..

    1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?

    2) Is it OK to go for VISA staming before 6-Jan-08?

    3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?





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  • GCKaIntezar
    01-30 10:31 AM
    Yes. Ajay and I'll take care of the Metropark distribution.

    Re: EBC Radio

    For 2 times a day AD, for a month would cost $1000 + $300 (One time, Ad prep cost) = $1300. It would cost $1000 (from month 2 onward)

    If we sign-up for a year, they give a free program for 30 minutes (10 minutes intro/conclusion etc, so 20 minutes really).

    If we only want to do the 1/2hr program, it would cost $500.

    In my opinion, distributing fliers is the BEST and Most cost-effective option. Because our goal (with any type of marketing) is to bring-in more membership/contribution, paying $1800 (1 month ad + 1 program) = 90 people pitching-in for $20 contribution.

    I say we leave this Radio/TV Ads option, and just concentrate on distributing fliers and meeting with congressmen/congresswomen as a group in addition to meeting them 1:1.

    -Sanjay

    Hi varsha,
    I think sanjay or Rajeev was suppose to work with Ajay in metropark
    Sekar





    Rajeev
    01-31 04:28 PM
    This is what I have come up with so far. Please everyone, feel free to modify this:

    Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
    EB3 moved 2 weeks in 10 months!
    EB2 hardly moved in 10 months!

    If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.

    Do you know how this affects you?
    � Frustration of sticking to the same employer and no career growth.
    � Children not being able to get state benefits.
    � Spouses unable to work.
    � The feeling of unsettlement.
    � Above all, tons of mental stress.

    Do you want be in this mess for ever. I am sure you don�t. We deserve better.

    We all have to fight together to fix this broken immigration system and achieve IV�s goals to
    � Remove retrogression
    � Remove backlogs in labor certification
    � Remove backlogs in I-140 and I-485 processing
    � Revise the way visa quotas for highly skilled workers are determined

    Register FREE to become a member today!
    www.immigrationvoice.org

    Excellent job Varsha. I would like to modify one line.

    Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'





    nixstor
    07-05 03:11 PM
    But I have been using murthy forums - which are free for a long long time...even before IV came along....talking abt quality...same kinda ppl post there....dont see any diff....

    I'm sure IV is doing a great job on something....but please do a little research before asserting that this is the only immigration forum in the world...

    Dont mean to start a p***ing contest here.... those who want to and can pay shd pay....but thinking that ppl will pay for the forums is not really a solution.

    No offense either. You cannot compare Murthy/Khanna forums with IV's. As long as you see IV just as a forum, you would not be able to make any distinction between IV & murthy/khanna forums. As I replied in another post, Murthy/Khanna get "invaluable" publicity that translates into clients shelling out $$$ in the long run. I hope you understand the difference.



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