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ivy55
03-26 05:54 AM
Anyone in Delaware please reply
wallpaper Music Tattoo Special
acecupid
05-31 02:06 PM
Voted and posted a comment as well.:cool:
Berkeleybee
04-10 08:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
2011 Music Notes amp;amp; Stars Tattoo
aravindan_kv
08-19 01:05 PM
My case
PD > DEC, 29, 2004
I140 Approval: march 26, 2008,
I485 Receive date : Aug 7 ,2007
I485 Notice date : Sept 15 ,2007
Status: Pending :
Service Center: NSC
Taken Infopass appointment August21 , Let see what updates i will be getting from them
PD > DEC, 29, 2004
I140 Approval: march 26, 2008,
I485 Receive date : Aug 7 ,2007
I485 Notice date : Sept 15 ,2007
Status: Pending :
Service Center: NSC
Taken Infopass appointment August21 , Let see what updates i will be getting from them
more...
ilwaiting
12-12 01:03 PM
Here's your answer in the bulletin
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
gc_lover
07-10 08:30 AM
Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...
My friend, are you new in this country?
My friend, are you new in this country?
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heywhat
06-18 06:07 PM
bump
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abhidos37
08-22 11:32 AM
My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:
more...
rameshk75
02-13 12:36 PM
Thanks Shana..Even i had the same thought.. it should be the day we arrive in US...
To my know it should start from jun 05
To my know it should start from jun 05
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pappu
05-15 08:12 AM
How come such legislative efforts are not even in IV's radar now....
Always check with your state chapters.
State chapter leaders are more aware of our work than what we post on the forum for public.
There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.
There maybe some more news today. Hopefully... Stay tuned.
Always check with your state chapters.
State chapter leaders are more aware of our work than what we post on the forum for public.
There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.
There maybe some more news today. Hopefully... Stay tuned.
more...
ragz4u
03-16 10:42 AM
We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...
Will update as soon as we hear more...
Not sure if this can be construed as good news or bad news! :(
The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!
Will update as soon as we hear more...
Not sure if this can be construed as good news or bad news! :(
The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!
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qtoask
06-20 12:05 PM
please update here http://immigrationvoice.org/forum/showthread.php?t=5379
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sanbaj
03-26 10:25 AM
Hello BharatPremi,
I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.
With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.
The main text of the letter was:
In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.
In the footnotes, this was included:
1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!
No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.
Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.
Hope this info helps.
Best of Luck for your case.
I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.
With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.
The main text of the letter was:
In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.
In the footnotes, this was included:
1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!
No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.
Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.
Hope this info helps.
Best of Luck for your case.
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absaarkhan
02-13 01:37 PM
I understand so Many of us are looking at the Options of Using AC21.
I am currently looking for a Good Attorney for this.
I have contacted Sheela Murthy's Office and Rajiv Khanna's Office.
Both of them are very very expensive.
I am looking for an Attorney who charges under $1000 and also knows
about the Immigration Matters.
I would appreciate any pointers and suggestions in this regards.
I believe it is not a problem, I have read in other threads. but I would suggest lot of attorneys are only taking 300 or 500 dollars to file aC21. it is worth spending.
Good luck
I am currently looking for a Good Attorney for this.
I have contacted Sheela Murthy's Office and Rajiv Khanna's Office.
Both of them are very very expensive.
I am looking for an Attorney who charges under $1000 and also knows
about the Immigration Matters.
I would appreciate any pointers and suggestions in this regards.
I believe it is not a problem, I have read in other threads. but I would suggest lot of attorneys are only taking 300 or 500 dollars to file aC21. it is worth spending.
Good luck
more...
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gsc999
09-08 12:00 AM
It's sold out now..I'm flying from GA and have booked in Quality inn in Arlington. I would like to stay where you guys are staying..but it's not longer there :(
----
I booked it real early, like a month ahead. No worries. I am sure there are a tons of places still around.
See you in DC
----
I booked it real early, like a month ahead. No worries. I am sure there are a tons of places still around.
See you in DC
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akhilmahajan
07-10 10:25 AM
There has to be some other way. LOU DOBB is not the only program for CNN which gets them ratings.
I guess we need to explore ways.
I guess we need to explore ways.
more...
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milind70
08-23 02:54 PM
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
This is not correct . Approval is only when your PD is current. People who got approval for PD 2005 EB2 cases were actually approved in July .Thier approval date is July 2007 when then the VB was current. VB is not just for filing,earlier in 2004 some people were approved when thier PD dates were not current, their approvals were cancelled. Part of the reason why July VB was made current so approvals made during that time who be as per as the VB. I had a friend who recieved notification that his GC was approved but his approval date is in July on the notice but he recieved it in Aug when his PD was not current.
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
This is not correct . Approval is only when your PD is current. People who got approval for PD 2005 EB2 cases were actually approved in July .Thier approval date is July 2007 when then the VB was current. VB is not just for filing,earlier in 2004 some people were approved when thier PD dates were not current, their approvals were cancelled. Part of the reason why July VB was made current so approvals made during that time who be as per as the VB. I had a friend who recieved notification that his GC was approved but his approval date is in July on the notice but he recieved it in Aug when his PD was not current.
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nivasch
01-31 03:04 PM
I liked ur statement
DAYLIGHT ROBBERY
DAYLIGHT ROBBERY
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walking_dude
11-30 04:44 PM
I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !
There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.
In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) :).
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.
The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.
There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.
In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) :).
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.
The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.
mammoy2k
09-10 12:49 PM
When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
ronhira
07-08 06:13 PM
That might be customary in your Mexico. :D
i figured u won't have a clue that this is a quote form the founding father of The United States of America - Ben Franklin.
hey.... how would you know?
i figured u won't have a clue that this is a quote form the founding father of The United States of America - Ben Franklin.
hey.... how would you know?
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