vin13
06-24 05:12 PM
In the 2006 CIR was passed by Senate and it failed in Congress.
The strategy was adding poison pill. They deliberately added so many poison pill that
even EB folks were opposing the bill.
I respect your opinion. CIR failed in 2006. But if Democrats do bring the CIR up again and it fails again, it doesnot look good upon them either. So the hope is that they will check the feasibility of passing. And, we(EB folks) may have a chance to piggy back with the Undocumented and latino lobby.
The strategy was adding poison pill. They deliberately added so many poison pill that
even EB folks were opposing the bill.
I respect your opinion. CIR failed in 2006. But if Democrats do bring the CIR up again and it fails again, it doesnot look good upon them either. So the hope is that they will check the feasibility of passing. And, we(EB folks) may have a chance to piggy back with the Undocumented and latino lobby.
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nrk
11-04 06:11 PM
Hi,
It is the same agent id for all of us.
I got my infopass with in 3 days. You don't need an attorneys presence in info pass.
If you go there with 2 forms of id , plus the 485 notices that is fine.
Things to ask
1. back ground check is cleared or not
2. pre adjudicated
3. Is there any other thing holding up your case.
Probably we have to give a complaint against the agent id, what ever the cases went up him he is giving the same message.
It is the same agent id for all of us.
I got my infopass with in 3 days. You don't need an attorneys presence in info pass.
If you go there with 2 forms of id , plus the 485 notices that is fine.
Things to ask
1. back ground check is cleared or not
2. pre adjudicated
3. Is there any other thing holding up your case.
Probably we have to give a complaint against the agent id, what ever the cases went up him he is giving the same message.
nrk
10-29 05:52 PM
My info pass appointment is tomorrow.
when is ur info pass appointment?
when is ur info pass appointment?
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gk_2000
05-12 07:12 PM
I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?
A beggar only thinks of bread and never cake.
Do you think it will have any impact if I do it alone and no one covers it? It will be noticed only if a group does it, and it is covered in local media at least
Why dont you also volunteer?
A beggar only thinks of bread and never cake.
Do you think it will have any impact if I do it alone and no one covers it? It will be noticed only if a group does it, and it is covered in local media at least
Why dont you also volunteer?
more...
raj2007
02-19 12:18 PM
Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
Hi TInku,
I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
Hi TInku,
I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.
fromnaija
02-20 06:42 PM
Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.
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vbkris77
06-01 07:53 PM
Done..
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mpadapa
06-05 04:23 PM
Yes there is an action item - Phone campaign to gain support for HR 5882, 5921 and 6039.
HR 5921 (removing country quota) more specifically will provide EB3-I more relief.
HR 5882 (recapture of unused visa's) will make ROW EB3 current and the additional visa's will rollover to EB3-I
Participate in the phone campaign and also call U'r own lawmaker to seek support from them.
http://immigrationvoice.org/forum/showthread.php?t=19387
http://immigrationvoice.org/forum/showthread.php?t=19113
Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.
HR 5921 (removing country quota) more specifically will provide EB3-I more relief.
HR 5882 (recapture of unused visa's) will make ROW EB3 current and the additional visa's will rollover to EB3-I
Participate in the phone campaign and also call U'r own lawmaker to seek support from them.
http://immigrationvoice.org/forum/showthread.php?t=19387
http://immigrationvoice.org/forum/showthread.php?t=19113
Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.
more...
miguy
06-19 03:53 PM
"PD- Dec 2002, I485-RD- Dec 2003."
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
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realizeit
02-11 11:53 PM
Mr MPADAPA,
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
more...
GCInThisLife
07-19 01:56 PM
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
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BMS1
10-11 04:34 PM
There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.
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Macaca
03-30 08:35 AM
Anyone is VIRGINIA interested in meeting with legislators? I am in Fairfax County, VA. Apart from posting here please PM me as well so we can get in touch quickly for the meeting.
nixtor has met some legislators in VA. Please contact him!
Please update your profile so that we can contact you for an event. Thanks!
nixtor has met some legislators in VA. Please contact him!
Please update your profile so that we can contact you for an event. Thanks!
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rajmirk
05-26 01:26 PM
Thanks for greaat posts, everyone. Just to follow up with Jaime's point it is tru that we are not all from India or Aisia in general. I guess I should have mentioned that. I am from a northern place - from Russia. Actually I was born and raised in one of the southern former Soviet republics, which had relatively warmer climate. But I lived for over 5 years in Russia before coming here. I just mention that, because I read it the cold Canadian weather seems to be the number one downside. It is not such a big deal to me or my wife, because it was as cold or perhaps even colder back home.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Go for it! My earlier comments would be mostly applicable to folks from the sub-continent - which you seem to be not and looking at your priorities and what you already have, might work out perfectly for you. Best wishes.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Go for it! My earlier comments would be mostly applicable to folks from the sub-continent - which you seem to be not and looking at your priorities and what you already have, might work out perfectly for you. Best wishes.
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02-22 08:20 PM
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eb3retro
09-19 03:08 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
sorry i have to ask you this question, (after seeing your post), did you attend the rally??
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
sorry i have to ask you this question, (after seeing your post), did you attend the rally??
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fearonlygod
02-12 01:50 AM
He is ***ing desi employer and is counting on me as if he has to take some personal revenge..please kindly suggest all available options..?
Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?
Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?
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pady
08-21 09:44 AM
I guess this is wrong. I did talk to the OIG this morning and was told that this is a fraud and they can investigate the case
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eb3retro
04-12 11:48 AM
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
mundada
08-07 05:59 PM
Can you back date your marriage during marriage registration?
x1050us
07-19 10:18 AM
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
No she cant becuase her visa appointment is on Aug 13.
No she cant becuase her visa appointment is on Aug 13.
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