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  • vin13
    11-11 09:49 AM
    vin13,

    This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....

    Anyways, can this still be arranged ? I would love to be a part of that in any possible. Please let me and all the other members know.

    It beats me too...Everytime you try to discuss this quarterly spillover on the regular forum, we get more Red. People start to fight between EB2 and EB3.

    Atleast i have done something about it by getting this draft. I am quite discouraged at this time because of lack of effort by members even after so much discussion about quarterly spillover in several threads. Are you willing to organize the conference call? Let me know and i will participate. Before demanding from others, Let me know what are you willing to do about this.





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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





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  • vkannan
    06-08 06:46 PM
    That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.

    Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
    Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.

    Maybe:
    Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....

    Maybe Not:
    Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....





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  • vicks_don
    01-26 08:28 AM
    I think lot of things happened..1).our provisions are included in the CIR Bill Last year 2) Our provisions are in the skill bill 3) Atleast I guess 100 politicians know about our problems now

    ALL OF THIS IS BECAUSE OF IV

    Its only the last step that was not successful because of illegal immigration..

    Hopefully we can get that done this year..



    dear friend,

    we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
    let me put two things to you simply:

    1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.

    2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.

    please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
    thanks for reading...



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  • prioritydate
    06-29 05:06 PM
    I am really happy for all those people who got their GC :)





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  • tooclose
    07-12 09:13 PM
    Thanks for good wishes and congratulations to all who become current.

    Regarding cutoff date I'm hearing multiple theories -

    A. if it says 1st March - then prior to that consider as active - 1st of March is not included

    B. some says 1st March is included because it is like UNTIL 1st March

    C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.

    D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.

    Wow so many options looks like I need to poll this and then wait until next bulletin :)

    Once again thanks for good wishes and Congratulations who were waiting for longer period.

    -Rwe

    wow... too many options ... do u know the source for any of these ?



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  • mbawa2574
    02-15 02:03 PM
    Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.





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  • mallu
    02-16 03:20 PM
    14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)

    I dont know about India and china specifically.

    There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.

    You do the math.

    Not sure if the totals include GC holders

    What i would say is that if folks from a particular country is getting 'edge' in numbers , then the diversity axe should be applied. In that sense i was wondering whether the country quota applied is 'fair' ( i know what is fair is determined by the country which made the rules/laws/practices . ) to India,China .



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  • snathan
    03-10 01:13 PM
    Yes...we need to get the unused visa numbers. But this is not the right time for that. Because of the economy there will be huge outcry and we should avoid the negative publicity.

    In this situation if things are not going bad for us, we should be happy. At least for status quo rather than losing what we have.





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  • meera_godse
    01-31 05:23 PM
    Well excuse me, but people having queries other than the reason why this thread was started, please create a new thread.
    Sorry to say so, but my query for travel has been sidelined because of other issues.
    thanks in advance for your cooperation.



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  • rajuseattle
    07-14 07:41 PM
    ajthakur,

    competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.

    If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.

    This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.

    Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.

    I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.

    Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.





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  • mbawa2574
    02-15 02:06 PM
    http://www.workpermit.com/news/2007-05-16/us/h-1b-visa-outsourcing-abuse-investigation.htm

    This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?



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  • BlueSunD
    03-11 12:01 AM
    Really sorry everybody, guess I�m the last one to post, I don�t know if I made it on time, but if not tell me and I�ll put the image down. Really sorry everybody... yes again.

    Any way my entry :

    (http://img.photobucket.com/albums/v55/BlueSunD/Maya/BSDFinalSubway.jpg) http://img.photobucket.com/albums/v55/BlueSunD/Maya/BSDFinalSubway.jpg

    and the wires:

    http://img.photobucket.com/albums/v55/BlueSunD/Maya/FinalPersp.jpg

    http://img.photobucket.com/albums/v55/BlueSunD/Maya/Final4Views.jpg





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  • ArkBird
    03-11 11:11 PM
    More like KLPD :)



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  • pcjandyala
    09-26 11:01 PM
    Dear Reader,

    Thank you for your interest in FSB. We admit that there was a
    mischaracterization of the Capitol Hill rally in the story and it was
    corrected as soon we realized the error.

    We have changed the story to correctly identify the mission as a
    protest of
    the long delays in securing green cards for highly-skilled workers
    already
    in the U.S.

    We will work to avoid errors like this in the future.

    Best regards,

    FSB





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  • alterego
    09-20 11:03 AM
    To summarize this briefly.

    The rescue plan = Transfer the "crap" from the balance sheet of the banks to the balance sheet of the US gov't and taxpayers. The government is buying rotting potatos for cold hard cash.

    Benefits are nearer term, Consequences are longer term.

    Consequensces will be:

    1) Bigger deficits, budget especially

    2) Less Gov't investments in infrastructure, healthcare, education etc. As the money is needed to feed the interest repayments and other obligations.

    3) Higher interest rates for everything from mortgages, credit cards auto loans student loans...... you name it.

    4) Higher taxes, federal and state and city.

    5) Lower US dollar and higher inflation.

    Unfortunately for us the recklessness of the management of the economy of this decade will be felt as a drag on progress, our earnings, taxes, benefits, even stock returns for a good part of our working lifetimes. This was a sad and unnecessary development brought about by pure greed and an ineffective government.



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  • gonecrazyonh4
    03-20 12:36 AM
    I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.


    I agree with the points raised in the above post. If H4 dependents are given the right to work in this country things would be so much better and the wait for green card would not be so very tiresome. Not allowing H4's to work and making them completely dependent on H1B spouse is indeed a human right violation.As an H4 I have no identity in this country and the system makes me a complete dependent. (Please do not mail me back saying - If I am smart I can get an H1B, I am smart enough to work and contribute to this economy its just that my expertise may not fall under the tech/shortage skill category).

    Employers are taking advantage of employees because the current immigration process supports such exploitation. This exploitation is prevalent among both with Indian and Non Indian Firms in different manner.

    Also for whatever reason a number of people whose spouse is already working on H1B tends to discourage others from filing H1B for their H4spouses.I also see a similar trend where all those who has a green card wants the immigration law to be more ruthless to new GC applicants.If you look at the employment history of many among us you would find that they have come through the route of desi consulting firms fulling agreeing to the deal since they wanted the H1B at any cost.

    I am not commending or supporting the Desi/other consulting firms or supporting the violation of law or ethics. Rather I want to point out that till the immigration process is revamped these practices will continue and each one of us has to take a route based on our individual circumstances.





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  • shivarajan
    05-27 06:35 PM
    It's absolutely true that few official documents they do not take color photocopy in many "office" shops (e.g vehicle title etc). May be the guy considered this too to be in that category. I have faced it myself on many occasions with different people.

    Just b'cos something did not happen to us we can't abruptly come to conclusions :rolleyes:





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  • javadeveloper
    01-30 11:54 AM
    Hello all,

    A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.

    Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?

    I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.

    How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.

    RFE Usually you'll get with in a week
    RFE may not be due to Job change(s)/AC21 , may be because of some other issues like Birth certificate,Medicals etc
    Did you sent AC21 related documentation to CIS?





    Springflower
    10-25 11:32 AM
    PD is March 2004 / EB3 India / I 140 Approved / 485 Pending





    LondonTown
    09-01 08:05 AM
    I am doing my online MBA right now , if you need more info Private message me.

    Are you doing from Aspen?



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