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  • desibechara
    10-12 03:39 PM
    I am..

    EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
    Applied I140, I485 and I170, I130 on Aug7
    NSC..receipts Sep19
    FP notice for Oct 30,have not recived for wifes' FP notice
    EAD online notice for both of us ..on Oct 9

    I understand lot of people are anxious about GC..but look at dates!!!

    Its been 6 years..


    DB





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

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

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

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

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

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

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

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

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

    "Aged-out" children

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

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

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

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

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





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  • optimystic
    03-18 03:43 PM
    Unfortunately, this doesn't seem to be quite true as it contradicts the April bulletin. The bulletin says there are unused visas in the second category going to EB-2 India, and doesn't mention EB-1 at all.

    There also seem to be people who are going to sue because they believe DOS ignoring per-country quotas is hurting their chances at EB-3 visas (i.e. they claim that if EB-2 India should get any extra visas then all of EB-3 ROW applications should be approved first). This situation is turning out to be quite interesting. I wonder if we're going to have another fiasco like the July 2007 one.


    Just a question out of curiosity....why would someone choose 'taliban' as a login handle, knowing fully well the kind of unneccessary negative attention one can get. I do fully respect the individual's choice to choose her/her own id but just curious...And to jog the curiosity even more , this member seems to be tagged as 'banned' now.. :D...did the admins not like the chosen handle as well !!





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  • webm
    04-07 05:01 PM
    Finally just received THAT email. "Current Status: Card production ordered"

    PD Sep 2001

    EB3 India.

    First of all Congrats!!

    BTW,what is your 485 RD and processing center??



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  • nozerd
    03-09 01:16 PM
    Guys,
    I have been here 18 yrs and still waiting. You are lucky if you get it in 16 yrs. Ofcourse not all my 18 yrs have been in GC queue.


    Hey who are you calling BS ???? :rolleyes:

    I have been in the US 15 years and counting.

    -a





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  • alex99
    10-27 03:10 PM
    Please participate in this poll.



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  • Rajeev
    02-04 10:50 AM
    We will all meet at the Bridgewater temple Cafeteria tomorrow, that is, 02/03/2007 at 11.00 PM. I will get the flyers with me. We will be doing a black and white text on colored paper as that costs 9 cents/page compared to colored text on colored paper that costs 89 cents/page. Please be there on time.

    Address for the temple is:
    780 old Farm Road,
    Bridgewater,
    NJ 08807

    Thanks,
    Varsha

    How did it go?





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  • bindas74
    02-21 12:29 PM
    if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!

    Hi,

    Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??

    -THanks



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  • alisa
    01-27 09:25 AM
    I am glad you posted this.
    I will put the numbers in the excel spreadsheet and see what comes out.
    But these might give more sensible results than the preposterous wait times that we were getting.

    If the average depletion rate for India is 34K per annum, then the wait times would look a lot better I think.

    I am assuming that these numbers include the dependents. So, if 34K adjustment of status were awareded, then, roughly speaking, there were 17K primary applicants, and 17K dependents? Am I correct?

    Also, for the accumulation rate, when we say that 65K H-1 visas are given out annually, I am assuming that does not include the dependents. Am I right??


    FISCAL ------ Employment ------- EB3
    YEAR ----- Total ---- INDIA | Total --- India
    2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
    2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
    2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
    2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
    2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
    2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
    6 yr total - 951,605| 207001| 487,157| 93441
    Annual Avg --------- 34500 | -------- 15574

    If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:

    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.


    If you plug this number into your analysis the result might be a couple of years of advance for your predictions.

    andy





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  • nomi
    12-11 02:48 PM
    Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).

    http://en.wikipedia.org/wiki/Rulemaking

    Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.


    I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.



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  • seahawks
    11-17 11:37 PM
    Here's mine - NRC2008065496

    I just send mine by US mail last week. My wife send hers too, I havent received a receipt no yet.





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  • Saburi
    03-09 03:25 PM
    Hello Friends:

    As i was expecting, this happened exactly like that its nothing to be shocked of when some thing does not move for 4 months in a row for EB3 I then what do you expect to get this move so fast looking at the patern right now i think the next month and for the next 3 months atleast it will be the same dates and if we are lucky then it might move and be Dec 2001 after few months.

    My PD is Dec 2001 6th Dec 2001 to be very exact so may be after Jul 2009 my PD will be current but look at people who are EB3 I and thier PD is 2003 to 2007 forget about GC this 10 years, unless there is a big releaf given by Mr. Change (Obama) which is unlikely to happen atleast for 2 years from now as he has lot of other important issues to resolve such as terrorisim, Economy, and much more bigger issues.

    The only way we can make somebody look at us is having a big protest on the streets of Washington DC and doing some massive campaign such as writing to Obama, just imagine if every one of us writes to Obama about our pain there will be atleast 500000 letters or email he might be receiving with a big rally in Washington, this might make this look like a big problem for everybody even Mr Chnage will have to pay attention to this we are not asking for amnesty or favaouring Illegal immigration and i am sure every body will agree or atleast won't dis agree to the fact of our demands to get more visas or atleast have the recaptured visa make available for EB3 I.

    I am not a big time voluntier or have participate in any rallies so far but would not mind to do if this could resolve everybody's problem, as mentioned above my PD is Dec 2001 and would be very soon out of this atleast would not have to wait for years and years for this PD to be current but the cause of doing this is once i get my GC i will be not visiting this site more frequently, and the number people in this forum will be far lesser that what we are now, atleast 500000 people.

    If this does not sound a good advice please excuse me but if this does sounds good please if somebody can draft a letters and post it so everybody can email this to the president.

    And please do not ask me for any contribution finialcailly as i am broke and tring to recover from my debts, finally have got a secured job but since its a bad economy not getting paid much that i can contribute any dollars towards this nobel cause.

    As mentioned earlier please forgive me if this sounds too lenghty and stupid to even read this.

    Best Regards

    Saburi.



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  • AirWaterandGC
    07-15 02:20 PM
    How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?






    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • tampacoolie
    06-30 09:44 PM
    Suck some beer and get some good sleep yo.
    Leave the delivery stuff to Fedex or UPS guys, else you will end up with traffic congestion in Lincon, Nebraska on Monday morning.



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  • jsb
    08-15 04:21 PM
    What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?





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  • GCBy3000
    01-16 10:14 AM
    I visited this site three times this morning and this thread subject did not attact me at all. Fourth time since I ran out of all issues, I thought to open this up to see what it is.

    Surprised to see it is created by IV core for an important issue. I would suggest to change the subject to a catchy one to prompt the users to open it or put this in home page somewhere eye catching.



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  • minimalist
    04-03 12:41 PM
    tying GC to housing initiative. You say there are things that can be done without money. Then, when I requested you to outline each step on how to approach, gather people and take it forward, you vanished and you sprout here again.

    COntributing or not contributing money is your prerogative. If you don't see merit in something you do not have to contribute. But if you feel something can be done, just don't expect someone else to execute that idea. YOU have to take ownership.

    There was a good explanation given on why it needs 10,000. EVeryone knows USCIS asked 5000. That would probably take 2 years time as there are 20,000 requests in queue before this one. Given that fact, they had some ideas to see if they can get a faster response time following a different path. They estimated it would cost about 5000 more.
    People who trust them (in terms of their ability and honesty), contributed. If you do not trust them, that is fair enough. But they earned the trust of so many people who are willing to contribute. Believe me, none of the people who contributed have done so after careful deliberation.

    Well, even for this initiative, you are welcome to outline steps and then am sure many of the IV members will join you.


    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?





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  • ugotdude
    11-21 11:03 AM
    You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.

    abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )

    I wish you all the best with your life.

    lwpd

    http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
    I'm not able to open this URL? Getting the following message

    404 - Requested Page Not Found on Site

    The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.





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  • kramesh_babu
    07-27 08:44 PM
    But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)

    Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!


    Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)





    jjava100
    07-01 03:07 PM
    Thank you for contacting me to share your views about Senate Amendment 4319 to the American Jobs and Closing Tax Loopholes Act (H.R. 4213). I appreciate the time you have taken to correspond with me.



    In my position as a United States Senator, I benefit greatly by hearing a wide spectrum of opinions expressed by Oregonians. I listen carefully to these views as I study each issue and decide how to vote on legislation which comes before the Senate. On any issue, I value your thoughts and ideas.



    Again, I appreciate your feedback. I have made note of your concerns, and I will certainly keep them in mind. Please keep in touch.



    All my best,





    justAnotherFile
    07-24 01:28 PM
    no offense meant..

    .. but if "the law is the law" and there is no room for "interpretation" then lawyers will be out of business :)

    I guess that is why congress also publishes the "intent of congress" with every legislative bill to guide interpretations, because there will be situations and cases which test the limits of law and they cannot visualize that while writing a law.



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