desi3933
05-11 05:11 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
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
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
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
texcan
08-04 09:29 PM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
My friend,
Donot get angry, its not personal to you...but for the action.
Please live your life and try not to find excuses to be unhappy.
Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.
Sorry to say these words to you, please donot mind and not take it personally.
Be happy at least and spread some joy in community.
See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f
Please donate some time, money to IV...if not some cheer at least.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
My friend,
Donot get angry, its not personal to you...but for the action.
Please live your life and try not to find excuses to be unhappy.
Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.
Sorry to say these words to you, please donot mind and not take it personally.
Be happy at least and spread some joy in community.
See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f
Please donate some time, money to IV...if not some cheer at least.
ivjobs
11-10 06:59 PM
Folks, There are some hot discussions going on in the forum, if this area is something interesting to you why dont you join us in the group...
http://finance.groups.yahoo.com/group/ivstartup/
http://finance.groups.yahoo.com/group/ivstartup/
doubleyou
05-20 08:11 AM
How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
more...
gc_kaavaali
09-16 05:03 PM
It is my request only!!! Can you please stop replying in 'Red' color? It is really annoying.
Having stated the above which pretains only to those cases which are still in process.
For those who have their GC in their hand, the situation could be slightly different.
If you do not join the company, it is considered as SHAM EMPLOYMENT.
I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.
GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.
By the way, I have decided to join another company after 2 months.
Jumping the boat immediately might cause trouble.
So please be patient and give it as much as time as possible. I will say at least 2-3 months.
Having stated the above which pretains only to those cases which are still in process.
For those who have their GC in their hand, the situation could be slightly different.
If you do not join the company, it is considered as SHAM EMPLOYMENT.
I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.
GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.
By the way, I have decided to join another company after 2 months.
Jumping the boat immediately might cause trouble.
So please be patient and give it as much as time as possible. I will say at least 2-3 months.
vaishnavilakshmi
07-25 01:00 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Hi,
I don't know for what u have the affidavits for.Anyways,the solution for ur case(mispelt parents names in ur birth certificate) is"ur parents have to give an affidavit stating the subject that their names were mispelt and the original names are so and so" and all the remaining details are correct.And this affidavit is to be notarised by lawyer.
Hope u got this now,
Goodluck,
Vaishu
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Hi,
I don't know for what u have the affidavits for.Anyways,the solution for ur case(mispelt parents names in ur birth certificate) is"ur parents have to give an affidavit stating the subject that their names were mispelt and the original names are so and so" and all the remaining details are correct.And this affidavit is to be notarised by lawyer.
Hope u got this now,
Goodluck,
Vaishu
more...
485Mbe4001
08-14 12:46 PM
I dont think that is the case, i am a direct employee and i have experienced tremendous delays, infact every application from my company (which is a large multinational) has been delayed, so i am guessing its more to do with the lawyers(large, high cost firm) or just good old luck. Infact all of my friends/batch mates who were consultants have their green cards and some have their citizenships too. My theory was that if a company is sponsoring(paying all the money) you are relaxed and initially dont worry about the delays, if its coming out of your pocket you doublecheck everything and are proactive...just a thought
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
Trinity79
04-08 05:31 PM
I am new here.Thanks I updated it .
more...
jthomas
04-28 02:29 PM
Thanks for the info.
Are you presently working?
J Thomas
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
Are you presently working?
J Thomas
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
calaway42
10-04 01:18 AM
roger that :)
more...
currentlydependent
03-17 02:40 PM
Although it might seem very appealing to put in multiple applications to increase the chance of obtaining a visa, one would actually be aggravating the situation than alleviating it. So the thought process should be how can one prevent the lottery situation from arising.. applying for a single visa on a requirement basis should suffice. That said it is unfortunate that the current situation and cap forces us to think of ways to resort to finding loop holes and take un-required actions. In an ideal world they should increase the cap. But whatever cap we have now, does not give us the right to jeopardize others chances of getting a visa. We should work this out together. Lets not clog the system.
Imagine hearing from somebody that they have a visa they never used when you don't have one, don't be that somebody.
I am currently on a dependent visa and have to go through the H-1 process. I have a masters and have every intention to stick to that quota and apply only one.
-A
Imagine hearing from somebody that they have a visa they never used when you don't have one, don't be that somebody.
I am currently on a dependent visa and have to go through the H-1 process. I have a masters and have every intention to stick to that quota and apply only one.
-A
yagw
07-11 07:18 PM
Yes. I guess, I read it wrong. I'm surprised that USCIS has outsourced this work to companies like these trusting them blindly. I was of the impression that the attorney used some USCIS website to file for PERM labors. And what kinda stupid co. was this...TESTING against prod database? Scary :eek:
USCIS didn't outsource; at least not to LawLogix. They are independent SW makers, much like TurboTax from Intuit :)
USCIS didn't outsource; at least not to LawLogix. They are independent SW makers, much like TurboTax from Intuit :)
more...
swashbuckler
06-17 08:23 PM
Thanks to every one for considering my message and answering to the questions.
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
mariodude100
08-25 09:33 PM
How about a mario one?XD
Or a luigi,kirby,sonic,butterfly and I think that is all
Random stuff for smilie
Or a luigi,kirby,sonic,butterfly and I think that is all
Random stuff for smilie
more...
wandmaker
11-27 03:41 PM
bablata2007: What is the status of your 140?
logiclife
04-08 12:23 AM
like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.
The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.
The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.
more...
harrydr
06-29 06:32 PM
Hello,
Forum Gurus, i have a basic question. Currently i'm employed by a corporation and working full time for them under H1B. Now, i want to work for additional company as part time (approx. 20 hrs/week). This company cannot give me cash but only check. Is it possible to file additional H1B just for this company and start working for them under this new H1B?
My current status is: H1B approved with current company and I-140 approved.
Also, if the answer to my question above is yes, then could this affect my current H1B and approved I-140 in any ways. Thanks in advance.
Forum Gurus, i have a basic question. Currently i'm employed by a corporation and working full time for them under H1B. Now, i want to work for additional company as part time (approx. 20 hrs/week). This company cannot give me cash but only check. Is it possible to file additional H1B just for this company and start working for them under this new H1B?
My current status is: H1B approved with current company and I-140 approved.
Also, if the answer to my question above is yes, then could this affect my current H1B and approved I-140 in any ways. Thanks in advance.
GCSOON-Ihope
08-23 10:50 AM
:) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
Thanks in advance for any help. :D
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
Thanks in advance for any help. :D
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
Catherine
11-04 02:06 AM
Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
donelson
January 7th, 2005, 04:47 PM
I haven't done any 1:1 yet, but hope to this weekend. I'll post again after I've shot some.
Don
Don,
Thanks for the quick reply. Have you taken many 1:1 photos and how did they turn out?
Don
Don,
Thanks for the quick reply. Have you taken many 1:1 photos and how did they turn out?
stuckinretro
10-28 11:22 AM
One more Diwali passes by with no day light in sight!
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
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