deepimpact
09-10 01:53 PM
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
wallpaper (On closing in Porland) quot;It
ajm
11-02 12:40 AM
NRC 2008 063585
The request is in the complex track.
The request is in the complex track.
sw33t
01-18 06:39 PM
Are you not authorized to work until new EAD or copy of EAD will suffice... I know everything else is easy to replace.... but USCIS documents takes months...
Should a copy of EAD + DL be sufficient to keep in wallet?? I've lost my wallet once.. so its a scary thought...
Based on your state law, you may be required to carry your original DL and not copies.
Understand that these are technicalities. As long as you are nice, polite, calm and co-operative you have nothing to fear.
EAD is an "EMPLOYMENT AUTHORIZATION DOCUMENT". It is not enough to prove your immigration status. When approached by Border agents, showing your EAD along with all supporting immigration documents (such as H1B, I-140, I-485 Receipt) etc. is required along with a valid passport and a valid US Visa stamp .
Should a copy of EAD + DL be sufficient to keep in wallet?? I've lost my wallet once.. so its a scary thought...
Based on your state law, you may be required to carry your original DL and not copies.
Understand that these are technicalities. As long as you are nice, polite, calm and co-operative you have nothing to fear.
EAD is an "EMPLOYMENT AUTHORIZATION DOCUMENT". It is not enough to prove your immigration status. When approached by Border agents, showing your EAD along with all supporting immigration documents (such as H1B, I-140, I-485 Receipt) etc. is required along with a valid passport and a valid US Visa stamp .
2011 If eing free is worth what
diptam
08-15 04:25 PM
Some of the recent GC and EAD achievers takes up a job at USCIS... How does this sound - Huh ??
I think we will GC sooner than anticipated. I think those who filed in July/Aug will get in three/four years. Just a rough estimate. Any one agrees with me?
I think we will GC sooner than anticipated. I think those who filed in July/Aug will get in three/four years. Just a rough estimate. Any one agrees with me?
more...
logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
curiouscinci
10-17 06:33 PM
Hi, I am working for Company ABC on L1 B, I-94 valid till mid2008.
I will get married in Feb08 and bring my spouse on L2 visa here.
She intends to work in the US. I understand that I can get her EAD.
If her employer processes her GC . Am I eligible to be added on that.
Basically, if her GC processing starts, is it possible for me to work here irrespective of my visa status.
Kindly advise on this scenario. We both want to work in the US and I want to switch job provided she is able to continue to work also.
I will get married in Feb08 and bring my spouse on L2 visa here.
She intends to work in the US. I understand that I can get her EAD.
If her employer processes her GC . Am I eligible to be added on that.
Basically, if her GC processing starts, is it possible for me to work here irrespective of my visa status.
Kindly advise on this scenario. We both want to work in the US and I want to switch job provided she is able to continue to work also.
more...
GCcomesoon
04-29 02:18 PM
Hi
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
I called TSC yesterday & they said that biometrics notice has been requested ( which they said to me 1 month back too ) , Now till I get my biometrics done, I won't get the actual physical card.Keep in USCIS in mind, I wonder how much time this will take ??
Would appreciate if anyone could share any thoughts, any similar experiences?
Thanks
GCcomesoon
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
I called TSC yesterday & they said that biometrics notice has been requested ( which they said to me 1 month back too ) , Now till I get my biometrics done, I won't get the actual physical card.Keep in USCIS in mind, I wonder how much time this will take ??
Would appreciate if anyone could share any thoughts, any similar experiences?
Thanks
GCcomesoon
2010 quotes about eing strong and moving on. Apple#39;s no stranger to
krishmunn
08-31 02:25 PM
I just found that Aspen University is offering online MBA at $3600 (end to end) + books.
The univ is accredited by DTE but not sure about its market value.
I am thinking about low cost MBA and the options (apart from newly discovered super low cost Aspen) are --
University of South Dakota (USD) (18 K)
&
University of Massachusetts (UMass) (30 K)
Does any one know if USD has a decent market value ?
The univ is accredited by DTE but not sure about its market value.
I am thinking about low cost MBA and the options (apart from newly discovered super low cost Aspen) are --
University of South Dakota (USD) (18 K)
&
University of Massachusetts (UMass) (30 K)
Does any one know if USD has a decent market value ?
more...
meridiani.planum
08-07 02:38 AM
Hi Sachug22,
Some of the data you specified does not add up well. For example 2006 India, EB-total is 17,358 but 3,156+3,720+3,006 adds upto 9882.
Any idea?
Type 2001 2002 2003 2004 2005 2006 2007
EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889
EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853
Thanks
that difference in numbers between total(EB) and total-india-GC for 2006 is because of a special provision of 50k visas made for schedule-A (nurses). Folks from Philippines and India took a big chunk of those visas. There was a lot of discussion of that on IV, because those 50k were recaptured visa numbers, which instead of being put into the general pool, were all given to schedule-A.
Some of the data you specified does not add up well. For example 2006 India, EB-total is 17,358 but 3,156+3,720+3,006 adds upto 9882.
Any idea?
Type 2001 2002 2003 2004 2005 2006 2007
EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889
EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853
Thanks
that difference in numbers between total(EB) and total-india-GC for 2006 is because of a special provision of 50k visas made for schedule-A (nurses). Folks from Philippines and India took a big chunk of those visas. There was a lot of discussion of that on IV, because those 50k were recaptured visa numbers, which instead of being put into the general pool, were all given to schedule-A.
hair lot of markets moving in
ItIsNotFunny
03-17 11:19 AM
Category: EB3 India
PD: Sep 2002
Filed 485 on 07/27/2007
If your PD is Sep 2002, why did you file in July instead of filing in Jun?
PD: Sep 2002
Filed 485 on 07/27/2007
If your PD is Sep 2002, why did you file in July instead of filing in Jun?
more...
sk2006
03-01 03:23 PM
"No way. House prices will never go down in California. Certainly not in bay area. Government will do all the magic to stop the crash... Not affordable, doesn't matter. Google stocks will make a lot of rich guys. BTW renting is throwing money away.":D:D:D:rolleyes:
I love the guys making those arguments.
Now it is India's turn.
"No way, India's real estate will crash. It has a huge population and a huge demand for 70 lakh apartments( even though there are only few people who can afford it)".:rolleyes:
One more argument I hear.
Prices in good school districts will never go down.
They are still selling more than asking prices..
Now This sounds what I heard in 2001 dot com crash. When dot coms started crashing, people used to say stock of big ships like Cisco, Sun, Lucent etc can not and WILL NOT be affected.. It is just the small companies linked only to dot com will suffer.
Sounds similar?
I love the guys making those arguments.
Now it is India's turn.
"No way, India's real estate will crash. It has a huge population and a huge demand for 70 lakh apartments( even though there are only few people who can afford it)".:rolleyes:
One more argument I hear.
Prices in good school districts will never go down.
They are still selling more than asking prices..
Now This sounds what I heard in 2001 dot com crash. When dot coms started crashing, people used to say stock of big ships like Cisco, Sun, Lucent etc can not and WILL NOT be affected.. It is just the small companies linked only to dot com will suffer.
Sounds similar?
hot Dependence on these
kaella
06-11 10:43 AM
Just did it.
more...
house Quotes about Being Strong
sumansk
01-17 02:55 PM
Just Made a my Contribution.
Thanks
Thanks
tattoo Spotted yesterday on
StarSun
03-24 02:12 PM
Thank you for registering with Immigration Voice for the advocacy efforts in Washington DC. Your participation in such efforts will help tremendously in bringing about the positive changes we seek.
Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.
The conference call in number and details cannot be made public.
Thank you.
Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.
The conference call in number and details cannot be made public.
Thank you.
more...
pictures quotes about eing strong and moving on. i hate eing put in this
BumbleBee
08-02 02:32 PM
Hi Guys I'm pretty new in all this and i've been following this discussion and perhaps someone can help me.... here is the question.... Do I have a visa number available ?? If so why am I waiting that long??
here is my story:
i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.
if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:
thanks for the help and i'm sorry in advance for my lack of knowledge :)
When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.
Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.
Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D
Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.
BumbleBee
here is my story:
i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.
if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:
thanks for the help and i'm sorry in advance for my lack of knowledge :)
When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.
Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.
Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D
Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.
BumbleBee
dresses eing strong and moving on
kashish333
09-30 05:56 PM
Here is my problem
I am currently on L1 with company A which is valid till Jan 2013. Company B has also filed for H1 for me which is not yet approved. I want to go back to home country on vacation. If my H1 gets approved
1. can I continue to work on L1.
2. What if I go back to home country for vacation. can I enter the US on L1 again. Will there be any problem? what will happne to my H1 in that case.
Please Advice
I am currently on L1 with company A which is valid till Jan 2013. Company B has also filed for H1 for me which is not yet approved. I want to go back to home country on vacation. If my H1 gets approved
1. can I continue to work on L1.
2. What if I go back to home country for vacation. can I enter the US on L1 again. Will there be any problem? what will happne to my H1 in that case.
Please Advice
more...
makeup moving on. quotes
rb_248
02-20 03:08 PM
Thats positive news. Thanks.
girlfriend Moving On Images - Page 2
rweworld1
07-12 04:38 PM
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
hairstyles quotes about eing strong and
shreekhand
05-14 12:28 AM
Unfortunately one needs to have a GC or be a USC in order to be eliglible for FAFSA or any federal financial aid.
unseenguy
02-13 09:53 PM
Dude, did YOU and 99% of "ALL AMERICAN" FAMILIES not enjoy all the SAME facilities that I enjoy in this country. Why do I pay more than 99% of "ALL AMERICAN" FAMILIES, whatever that means? That's creates entitlement for me. That creates entitlement for EVERYONE in EB category.
.
Well with unemployment rate fast approaching 10%, you may want to make your percentage more like 85 or 80%, counting SS benefit, medicare
.
Well with unemployment rate fast approaching 10%, you may want to make your percentage more like 85 or 80%, counting SS benefit, medicare
imh1b
03-12 02:47 PM
Kumar123 is either a woman in late 30s not able to get married and thus so bitchy. Or a man who is frustrated in life, dominated by his woman and so taking it out on IV.:D:D
Chill man. !
At least you are EB2. Think about people in EB3.
Chill man. !
At least you are EB2. Think about people in EB3.
