new_horizon
10-21 12:03 AM
reasoning with you. I can easily refute all your claims, and also prove my point. but I think it'll be a waste of my time. 'coz I am not trying to convert anybody to vote for the repubs. just can't help it, never heard anybody hiring a CEO just because he has experience organizing the company picnic :D . peace.
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chmur
09-11 12:41 AM
The problem with your analysis is not every one in the backlog has equal access to excess of 35-40K visas available each year. Most of the excess comes from EB4,5,1 and 2ROW and all goes to EB2 I/C. EB3 ROW gets ~30K every year (42K- 4*2.8K).
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
deafTunes123
02-21 01:12 PM
As per my Lawyer, You can file I-140 under both Eb2 and EB3(Porting PD from EB3 to EB2 or vice-versa). which ever the Date becomes current, you can ask the IO to use that particular category.
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.soulty
03-09 11:28 PM
dope renders so far.. on march 10 when he have the entries we will set up a poll.. keep them coming. oh btw.. when you provide the final render, need to provide the wireframe aswell ;)
more...
go_gc_way
01-15 11:13 PM
Bumping /\/\/\/\/\/\/\/\/\/\/\/\
desi485
03-15 11:45 PM
dude, you don't know jack.........there is no "eligibility" when it comes to EB2 or EB3.
The FUC@#NG job has to demand a Master's for EB2.
It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!
any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.
And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??
If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....
And don't preach what you have no knowledge about, ok buddy?
For the record, i have NEVER used any legal shortcut ever.
If this is not a skilled job, why the H1B is required. Why not just any one does the job? USA too has jobless people.
Your language shows that your not just frustrated fool but also a selfish idiot.
For same reason you may have never got chance to work for a real company who follows immigration rules strictly. You think that all rules are flexible.
No wonder you got so many red marks already. You are cursing others becuase you may have tried a shortcut and failed (no wonder as you are a fool).
The FUC@#NG job has to demand a Master's for EB2.
It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!
any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.
And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??
If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....
And don't preach what you have no knowledge about, ok buddy?
For the record, i have NEVER used any legal shortcut ever.
If this is not a skilled job, why the H1B is required. Why not just any one does the job? USA too has jobless people.
Your language shows that your not just frustrated fool but also a selfish idiot.
For same reason you may have never got chance to work for a real company who follows immigration rules strictly. You think that all rules are flexible.
No wonder you got so many red marks already. You are cursing others becuase you may have tried a shortcut and failed (no wonder as you are a fool).
more...
saimrathi
07-03 09:13 AM
with out a reliable website, we can't communicate and do all the important things(productive) you are talking. maintaining a reliable website doesn't need much funds.
How about Google ads.. Gmail, Yahoo etc are not paid sites and still do a very reliable job..
How about Google ads.. Gmail, Yahoo etc are not paid sites and still do a very reliable job..
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softcrowd
03-19 11:16 AM
85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
You can not just equate the number of certified labors to the Visa numbers as the former one does not include dependents in it.
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
You can not just equate the number of certified labors to the Visa numbers as the former one does not include dependents in it.
more...
desperatedesi
07-23 08:18 PM
Hi,
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
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nlssubbu
09-28 02:19 PM
Yes, thanks for all your comments, and I would only request everyone to participate more actively on IV stuff. Start building your state chapters, spread the message.
When IV was expecting 10000 people for the rally only 2000 + came. It is obvious that America needs us and we need America and we must all unite to make this a better place.
Jane - your points taken. But, it is not all about rasicm. In a cosmopolitan society, everyone is same. It is just the fact that the communities from the majority opposue us.
A good example is Ron Hira. He is 100% Indian immigrant. He has been one of the architects behind the Durbin Grassley provisions.
So many people who work against us are the recent green card holders. A good example of such people who lurk in our forums is Senthil1. He got his green card and wants to do as much damage as possible for future immigrants, so that he is always in demand and does not face competition.
Since 1970s Indians and Chinese have migrated as doctors and engineers and have been in top positions here. If you are trying to immigrate today - you are a direct competition to their children who are raised here with comforts, they are the ones who influence the govt with restrictive policies.
Recently Jay(logiclife) was on a radio station and the person interviewing jay was a radio jockey of Indian origin. He is definitely not the highly skilled types, and he was behaving exactly like Ron Hira types
Hi Chandu,
Not all GC holders are against the aspiring GC seekers. In fact, I am promoting IV actively to many older GC holders and exposing how bad the system is now when compared to their days. [Say from 10 years ago]. I am trying my best to help many, who are in line with what ever little knowledge I gained during this process. I will be happier one and only if this broken system is fixed and the process is made transparent. I only wish that this will happen during my life time :p
Thanks
PS: I did not had IV during the time when I started my GC process :mad:
When IV was expecting 10000 people for the rally only 2000 + came. It is obvious that America needs us and we need America and we must all unite to make this a better place.
Jane - your points taken. But, it is not all about rasicm. In a cosmopolitan society, everyone is same. It is just the fact that the communities from the majority opposue us.
A good example is Ron Hira. He is 100% Indian immigrant. He has been one of the architects behind the Durbin Grassley provisions.
So many people who work against us are the recent green card holders. A good example of such people who lurk in our forums is Senthil1. He got his green card and wants to do as much damage as possible for future immigrants, so that he is always in demand and does not face competition.
Since 1970s Indians and Chinese have migrated as doctors and engineers and have been in top positions here. If you are trying to immigrate today - you are a direct competition to their children who are raised here with comforts, they are the ones who influence the govt with restrictive policies.
Recently Jay(logiclife) was on a radio station and the person interviewing jay was a radio jockey of Indian origin. He is definitely not the highly skilled types, and he was behaving exactly like Ron Hira types
Hi Chandu,
Not all GC holders are against the aspiring GC seekers. In fact, I am promoting IV actively to many older GC holders and exposing how bad the system is now when compared to their days. [Say from 10 years ago]. I am trying my best to help many, who are in line with what ever little knowledge I gained during this process. I will be happier one and only if this broken system is fixed and the process is made transparent. I only wish that this will happen during my life time :p
Thanks
PS: I did not had IV during the time when I started my GC process :mad:
more...
Refugee_New
12-20 05:23 PM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Hey, are you from Andhra pradesh?
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Hey, are you from Andhra pradesh?
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dressking
09-28 10:00 AM
While we are trying our best to fix a broken system and brace ourselves, lets take a look at what is happening in other parts of the world.
European Union is introducing a Blue Card that will allow you to work in any of the EU coountries
Euro value is rising against dollar
Opportunities will be on the rise with strengthening the currency.
Lets run this thread for sharing views, opinions, experiences and anything related to the EU
Maybe there are better laws there. But the people there are not fundamentally different. So I expect to have to face many of the same problems we are facing here. I have heard of a lot of anti-immigration sentiment and even laws in Europe.
After all it is White Americans who emigrated from Europe who are the majority here. And we are facing the most fierce resistance from them here. What do you expect of those who are native, not immigrants or of immigrant decent.
When they need you, they make it easy for you to move there to work for them. When they don't need you, they can kick you out or make life so miserable for you that you don't want to live there any more.
Just think of what the Germans did to Jews in WWII. WWII seems like a distant memory to us. But "there is nothing new under the sun". People are still people. Their genes have not been significantly modified. They will still have the same thoughts and emotion. Only those who are better educated can be somewhat different. But educated people are never in control of their societies.
I feel that the oppression from White Americans in America is enough for me to bare already. I don't want to risk moving into White people's native territory unless it is just temporary.
European Union is introducing a Blue Card that will allow you to work in any of the EU coountries
Euro value is rising against dollar
Opportunities will be on the rise with strengthening the currency.
Lets run this thread for sharing views, opinions, experiences and anything related to the EU
Maybe there are better laws there. But the people there are not fundamentally different. So I expect to have to face many of the same problems we are facing here. I have heard of a lot of anti-immigration sentiment and even laws in Europe.
After all it is White Americans who emigrated from Europe who are the majority here. And we are facing the most fierce resistance from them here. What do you expect of those who are native, not immigrants or of immigrant decent.
When they need you, they make it easy for you to move there to work for them. When they don't need you, they can kick you out or make life so miserable for you that you don't want to live there any more.
Just think of what the Germans did to Jews in WWII. WWII seems like a distant memory to us. But "there is nothing new under the sun". People are still people. Their genes have not been significantly modified. They will still have the same thoughts and emotion. Only those who are better educated can be somewhat different. But educated people are never in control of their societies.
I feel that the oppression from White Americans in America is enough for me to bare already. I don't want to risk moving into White people's native territory unless it is just temporary.
more...
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crazyghoda
01-30 02:15 PM
Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
tattoo lake-lively-penn-adgley-
delax
07-14 07:17 PM
Murthy will never mention Immigrationvoice or our effort on her website.
Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.
My friend - I think I need to send you a flower :)
To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:
On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.
Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.
If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit.
I know the Mahatma would have done the same thing.
Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.
My friend - I think I need to send you a flower :)
To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:
On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.
Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.
If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit.
I know the Mahatma would have done the same thing.
more...
pictures -lake-lively-penn-adgley
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....
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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shiva7
02-14 12:56 PM
Dear Administrator,
Thank you so much for giving me an opportunity to pay through paypal. I am proud of me for contributing $100.00 today.
I suggest that please keep an activated Paypal logo on our website so our comrades can understand that we could pay through paypal.
I read on our site that we could pay through paypal but didn't know how.
I am not so smart to learn that visa/mastercard/check logo will take me to paypal acoount login page. And so I didn't pay for a long time.
Thank you anyway. Let's continue to struggle.
Thank you so much for giving me an opportunity to pay through paypal. I am proud of me for contributing $100.00 today.
I suggest that please keep an activated Paypal logo on our website so our comrades can understand that we could pay through paypal.
I read on our site that we could pay through paypal but didn't know how.
I am not so smart to learn that visa/mastercard/check logo will take me to paypal acoount login page. And so I didn't pay for a long time.
Thank you anyway. Let's continue to struggle.
more...
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senthil1
03-09 12:46 PM
Total H1B from India is around 52k in 2008. But china is less than 10k in 2008. This was the trend for past 5 years. Soon china EB2 and EB3 will be within acceptable waiting time will be less than 4 years and India waiting time will be 9 to 10 years.
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
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Ramba
07-14 06:39 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
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Karthikthiru
06-10 03:55 PM
Done. Just did it
ajthakur
07-14 06:30 PM
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
tjayant
11-21 09:45 PM
Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485
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