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  • pappu
    01-10 11:59 PM
    Thank you again perm2gc for helping with this effort.





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  • ak27
    11-20 10:51 AM
    Hello,

    I am from Plainsboro NJ..

    TL PD 09/20/2004

    PERM Conv stuff for last 8 months..

    What is the best way to invite folks to join IV..

    NJ has south asian programming on comcast on Sat and Sun. Can we some how put something through them.

    Also, should we try to meet Newly Elect Sen Bob Menedez and try explain our situations.

    Let us try to do our bit folks....





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  • ckichannagari
    06-10 08:44 PM
    sent the message ..
    I will be asking 6 more friends to do the same.





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  • redgreen
    08-10 08:47 PM
    so what you are basically asking is give gc to everybody who wants. country quota is meaningless (we know that!). qualifications are worthless. nobel prize or manual laborer (all are humans!). illegals also should be given gc without any reservations!

    so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.

    Good point. But there should be no holy cows where justice is concerned



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  • Imigrait
    07-11 05:28 PM
    Can you provide the source of this info? a link or something?

    Here's your link

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
    Look at Section E. I have also pasted the text below.


    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

    It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.





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  • vparam
    10-29 12:27 PM
    Not wrong in hoping right :-)



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  • vin13
    11-12 05:35 PM
    VIN13

    Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.

    What else you want us to do?

    Thanks.

    Best would be to meet your lawmakers. It is not too hard to get an appointment. You may be able to meet the lawmaker's aide. Just explain the situation and ask for their help to resolve.

    A big help would be for someone to post contact details for some of the officials (USCIS, DOS, Ombudsman). We would be able to pass this information to the senator's aides or fax/mail the letter directly.

    Thanks





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  • saro28
    07-12 06:48 PM
    Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card


    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!



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  • eilsoe
    02-23 02:19 PM
    well, people seems to have forgotten about this battle...





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  • eb3_nepa
    07-05 01:43 PM
    How is it different from my idea?

    Who said it was different. I liked ur idea and went ahead and enhanced it a little bit more.



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  • stucklabor
    07-24 12:42 PM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.

    The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.

    Please think through your ideas before posting them.

    Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.

    I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".

    In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.





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  • deepakjain
    06-08 06:12 PM
    The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.

    PERM
    140
    485 might have to wait for sometime in the following manner.

    EB 2- PD 2001 - Wait till 2012
    EB 2- PD 2002 - Wait till 2015
    EB 2- PD 2003 - Wait till 2017
    EB 2- PD 2004 - Wait till 2020
    EB 2- PD 2005 - Wait till 2023
    EB 2- PD 2006 - Wait till 2026
    EB 2- PD 2007 - Wait till 2028
    EB 2- PD 2008 - Wait till 2031


    EB 3- PD 2001 - Wait till 2015
    EB 3- PD 2002 - Wait till 2019
    EB 3- PD 2003 - Wait till 2024
    EB 3- PD 2004 - Wait till 2028
    EB 3- PD 2005 - Wait till 2032
    EB 3- PD 2006 - Wait till 2036
    EB 3- PD 2007 - Wait till 2040
    EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....

    I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....



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  • mikekanna
    03-16 03:38 PM
    EB1 - MNC Executive clause from the DOS Website
    ==============================
    Certain executives and managers who have been employed
    at least one of the three preceding years by the
    overseas affiliate, parent, subsidiary, or branch of
    the U.S. employer. The applicant must be coming to
    work in a managerial or executive capacity. No labor
    certification is required for this classification, but
    the prospective employer must provide a job offer and
    file a petition with the USCIS.

    Q1) Can an H1-B visa holder apply under this category if all other conditions are satisfied?

    Q2) Can the clause "Atleast 1 of the 3 preceding years" be
    interpreted as "Atleast 365 days in the past 3 years" if all other conditions are satisfied?

    The statement does not talk about 1 full year or 1 continuous year. Also if a person's job needs him to travel to the US for a week or so every year for business before completion of 1 year in an overseas country for the same orgn/subsidiary, he would never satisfy the criteria of completing 1 year.

    Pls. let me know if anyone has responded to such a situation.

    Thanks.





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  • kumarc123
    10-23 02:01 PM
    Obama clearly explained that he wanted to end abuses of the H1-B visas that is used by highly qualified specialists to work in US. He added that he would make "immigrant workers less dependent on their employers for their right to stay in the country, and would hold accountable employers who abuse the system and their workers".

    I read that too, the problem is that American people have now become aware of the H1B visa abuse, I believe all these Desi vendor/body shops have really abused the system to the root. If democrats take over, which I interpret they most likely will, they will put out much strict regulations on these small companies. I know some people in my university are planning to join a community that will report the Desi companies abusing the system to department of commerce, because their are some people who failed to get H1b visa in last two years due to the lottery system.



    Thanks



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  • Abhinaym
    02-19 12:02 PM
    How exactly are illegals going to prove that they have been here for more than 5 years?

    That's exactly what I wanted to ask! How on earth are they going to prove a presence?

    1. Drivers license (that only shows the date they started)
    2. Utility bills (is that possible?)
    3. Bank statements (I'm not sure if undocumented ones get accounts)
    4. Employment proof (right...)
    5. Real estate titles

    I'm not saying they can't, but trying to think how...





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  • Jaime
    09-10 03:53 PM
    By the way, here's a funny (and sad but true) anecdote. I had already been on H1-B status with my current employer for over a year when I engaged HR to start my green card/adjustment of status process. The answer I got from the HR person was "Oh, sorry, but we don't sponsor"...I was frozen! Did not know whether to laugh or cry out loud! "But dear, you already have sponsored me!" I told the poor lady.....

    Funny? Pathetic? WE NEED TO FIX THIS! AND THIS STARTS AT OUR RALLY IN WASHINGTON! LET'S ALL GO!!!!!



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  • vghc
    02-04 12:36 PM
    Some questions to those who are supporting country cap.

    Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
    Why not put a country cap on H1B visas since many of them get into the green card line eventually?
    Why not put a country cap on labor certifications?
    Why not put a country cap on I-140s?
    Why not impose a country cap at the port of entry?
    Why not put a country cap on visitors� visas?
    Why not put a country cap on business visas?
    Why not put a country cap on US trade with other countries?
    Why not put a country cap on amount of US $ reserves that each country can have?
    Why not put a country cap on children that foreigners in the US can bear?
    Why not put a country cap on the foreigners� earnings in the US?
    .
    .
    .
    And the list can go on.

    Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.


    Why not just fight for increase in numbers of GC and benefit everyone?
    Taking a benefit from one group and applying to another disadvantage group only causes division of the entire group. Lets be more constructive in coming out with a solution.





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  • Refugee_New
    07-30 11:19 AM
    LOL.

    The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.

    Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.

    You are true. Every religion preaches their followers to give atmost respect to people of other faith. Being a weak humanbeing we always tend to forget these simple rules.





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  • Sandeep
    02-08 09:16 AM
    Admin,
    I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
    So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
    -FBI speeds up its operation?
    -USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
    Since you are more knowledgable on this issue, please post
    1. Description of the process and the reasons for the delay
    2. Solutions that you think we can propose
    Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.





    nb_des
    03-17 01:20 PM
    As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....

    Read this story...

    http://immigrationvoice.org/forum/showthread.php?t=13810
    My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.





    ak27
    02-20 09:32 AM
    I have written to my congressmen couple of times but I am yet to recieve any response. I will contact his office again this week..

    Ajay



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