PD_Dec2002
06-21 08:20 AM
I cannot name any lawyers in my post, so I leave it up to you whether to treat this as serious advice or not...
My lawyer says USCIS does not allow one person to be represented in more than one 485 applications....whether the person is primary or beneficiary.
My wife's lawyer (I won't name this lawyer either) says there is no prohibition on filing multiple 485s.....however, it's just a waste of money (her opinion).
Thanks,
Jayant
My lawyer says USCIS does not allow one person to be represented in more than one 485 applications....whether the person is primary or beneficiary.
My wife's lawyer (I won't name this lawyer either) says there is no prohibition on filing multiple 485s.....however, it's just a waste of money (her opinion).
Thanks,
Jayant
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rag1232
04-01 02:30 PM
My lawyer told me that dates may move to Jan 2007 for EB2I in May visa bulletin. Happy weekend!!!
NKR
08-07 01:59 PM
NKR,
I will be glad to give u a gree to up your reputation :-)
Thanks Guys, I am from India and I applied in EB2, I do not have to port since my dates are current but I still do not support this idea because I know how difficult it is for one to better his situation just because he is not having a GC. My LC was stuck in backlog centers when perm labor applications was being approved left, right and centre�
I will be glad to give u a gree to up your reputation :-)
Thanks Guys, I am from India and I applied in EB2, I do not have to port since my dates are current but I still do not support this idea because I know how difficult it is for one to better his situation just because he is not having a GC. My LC was stuck in backlog centers when perm labor applications was being approved left, right and centre�
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whitecollarslave
04-17 06:26 PM
8 USC 1324b
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
(A) because of such individual’s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.
(3) “Protected individual” defined
As used in paragraph (1), the term “protected individual” means an individual who—
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
(A) because of such individual’s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.
(3) “Protected individual” defined
As used in paragraph (1), the term “protected individual” means an individual who—
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
more...
eager_immi
06-25 07:48 AM
Technicaly you should possess only one I-94. So when USCIS asks for a copy you should submit only the latest. If you submit extra copies you will create more confusion why you possess more than one I-94. My advice just send them the one that is valid and latest. USCIS can determine you live in this country legally from your records including ur passport, I-797, I-20 past EADS etc.
I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
gc_dream07
10-01 02:55 PM
I think if you have I-551 stamped on your passport then you do not need any other document. i-551 is as good as physical green-card. You can carry the approval notice with you. This is my opinion, do no quote on me.
Our cases were approved on Sep 21, 2010. Received approval notices on Sep 25, 2010. But did not get the Cards yet. I am planing to travel next week. So I went to local USCIS office and got the I-551 stamp on my passport. Can you guys suggest me what other documents I need to take along with me if I don't receive the cards by the time I leave. Also pls let me how long will it takes to receive the cards.
Thank you,
Srini
Our cases were approved on Sep 21, 2010. Received approval notices on Sep 25, 2010. But did not get the Cards yet. I am planing to travel next week. So I went to local USCIS office and got the I-551 stamp on my passport. Can you guys suggest me what other documents I need to take along with me if I don't receive the cards by the time I leave. Also pls let me how long will it takes to receive the cards.
Thank you,
Srini
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srikondoji
06-29 04:45 PM
legally and ethically and morally and whatnotally, they should accept all applications mailed on July 2nd.
So near yet so far. If the new visa bulletin comes out on Jul3rd , I wonder what happens to the applications received on Jul 2nd :((
So near yet so far. If the new visa bulletin comes out on Jul3rd , I wonder what happens to the applications received on Jul 2nd :((
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Ramg
08-21 05:56 PM
One can also sign-up for Annual Pre-Pay with Vonage which will cost $20 per month for the same World Plan. Vonage - Support - Annual Pre-Pay (http://www.vonage.com/support.php?keyword=AnnualPrePay)
Just pay $240 upfornt. I did the same. Now all the features of Vonage World for $20. :)
Today I asked the customer service, they told me, I have to 315 dollars for annual plan. 239.99 + taxes = 315 dollars
Just pay $240 upfornt. I did the same. Now all the features of Vonage World for $20. :)
Today I asked the customer service, they told me, I have to 315 dollars for annual plan. 239.99 + taxes = 315 dollars
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singhv_1980
02-06 11:04 AM
i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
Well dats a positive sign then. Dont lose hope.
Just wondering if your job profile fall under TAL (Technology Alert List)??
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
Well dats a positive sign then. Dont lose hope.
Just wondering if your job profile fall under TAL (Technology Alert List)??
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bejoy_p
09-16 12:01 PM
Thanks to IV for all the information and discussion.
Priority Date: March 31st, 2006 at NSC
Category: EB2
SLUD: 8/18 & 9/4
CPO email: 9/15 (morning)
Decision email: 9/15 (afternoon)
CPO email again: 9/16 (morning)
No approval email yet!!!
Priority Date: March 31st, 2006 at NSC
Category: EB2
SLUD: 8/18 & 9/4
CPO email: 9/15 (morning)
Decision email: 9/15 (afternoon)
CPO email again: 9/16 (morning)
No approval email yet!!!
more...
royus77
06-29 04:05 PM
Looks like we are Doooooooooooooooooooooooomed one more time
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WaldenPond
12-31 06:33 PM
That is correct. Section 312, 501, 502, 503 are the sections in this bill that we are pursuing in Comprehensive immig bill. The bigger task is to introduce the bill in House with the same provisions.
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PD_Dec2002
06-29 04:45 PM
wonder what would have made them change the dates? They even haven't seen any application yet?
They probably got overwhelmed by applications in June.
Thanks,
Jayant
They probably got overwhelmed by applications in June.
Thanks,
Jayant
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nk2006
09-16 10:48 AM
Hi,
Can state chapter leaders please send an email to members to inform about latest scheduling of HR5882 and ask them to call the appropriate congress members.
Not all IV members visit the site regularly and it seems most members are under the impression that HR5882 is post-poned indefinitely. I did receive an alert email two weeks ago when 5882 was being considered first time (and it was helpful - thanks MA chapter) - it would be effective to send another short one now. Thanks.
Can state chapter leaders please send an email to members to inform about latest scheduling of HR5882 and ask them to call the appropriate congress members.
Not all IV members visit the site regularly and it seems most members are under the impression that HR5882 is post-poned indefinitely. I did receive an alert email two weeks ago when 5882 was being considered first time (and it was helpful - thanks MA chapter) - it would be effective to send another short one now. Thanks.
more...
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mirage
08-22 11:49 AM
Guys Please send this out. It'll take 20 minutes and less than $2 of postage stamps...If we can get Rep Zoe Lofgren's attention towards our issue, the whole thing may change...
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
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skd
07-09 06:36 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
USCIS Director Emilio Gonzalez, has become a member of IV...Or he started reading our posts in this forum
USCIS Director Emilio Gonzalez, has become a member of IV...Or he started reading our posts in this forum
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Nil
03-10 12:26 PM
This idea has reached critical mass.
Great to see individuals pursuing the efforts of calling their government.
Is there something we can do collectively as a part of IV?
Great to see individuals pursuing the efforts of calling their government.
Is there something we can do collectively as a part of IV?
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indigokiwi
04-01 11:01 AM
Folks, we've still got a long way to go to reach our contribution target for Advocacy Days and hardly any time left. $50 or a $100 is what you might spend on a few nights out. I'm sure spending on this is much more important to you. Let's everyone pitch in and help ourselves out here.
And thank you to the many members on this thread who have already contributed.
And thank you to the many members on this thread who have already contributed.
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virtual55
08-07 09:57 AM
Think about Aman, he is still working for the benefit of EB community even though he got his greencard, I have US Masters degree but I don't support this.
engineer
10-03 03:30 PM
IV should propose a Premium Processing for FBI Namecheck/ Other Background checks. For certain extra fee UCIS/ FBI can do this on premium bases.
what you all think ?
what you all think ?
mail2me_Ds
09-17 08:58 AM
Hi All,
I got the CPO on Sep 7, 2010. But we did not get any email about dependent application. Yesterday, I just called the customer service and spoke with level 2 officer to confirm about our cases. According to him my application is still pending with the officer and no decision has been made. I am really concerned that still no approvals. Moreover, I can not even open a SR because my status shows CPO. Btw I had my FP done on Sep 3, 2010.
I got the CPO on Sep 7, 2010. But we did not get any email about dependent application. Yesterday, I just called the customer service and spoke with level 2 officer to confirm about our cases. According to him my application is still pending with the officer and no decision has been made. I am really concerned that still no approvals. Moreover, I can not even open a SR because my status shows CPO. Btw I had my FP done on Sep 3, 2010.
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