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  • at0474
    12-21 07:56 PM
    lazycis,

    According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?

    I like your insight into immigration policies and the way you express them.

    Thanks.





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  • kumar1
    12-11 11:15 AM
    Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!

    The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.

    Please attack my thought, do not attack me or my self esteem!

    I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
    The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.





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  • sweet23guyin
    10-16 10:49 AM
    ||





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  • hara_patta_for_rico
    07-09 07:28 PM
    1. In the first 3 quarters they are supposed to use 81%(3*27%) of 140,000 = 113400. They used up 140,000(which is not according to their regulation A).
    2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).



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  • gc_on_demand
    03-10 04:46 PM
    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Thanks MDix.

    You have no idea. Have a good day, sir!

    ______________________
    US citizen of Indian origin


    This is another anti immigrant. Please ignore him





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  • unseenguy
    05-27 07:57 PM
    I have sent exact size photocopies to USCIS all times, no issues. Never ask for help in Kinkos for photocopy, DIY.



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  • shreekhand
    08-15 06:05 PM
    That is a fairly correct list of has_to_happen! but do you know there is a significant number or June 07 filers who have passed all these and have got their I-485 approved in the past week or so from the TSC. See and immigrationportal!


    thats provided
    a. their I-140 is approved
    b. fingerprinting is done.
    c. passed the fbi name check.
    d. their case made it to the hands of adjudicator who is taking a final look at it.

    it is difficult to finish all these in less than two months.
    but you may never know, there might be some lucky ones.
    just hope that we all are that lucky :)





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  • greyhair
    02-11 04:10 PM
    I have asked to Vin13 if he/she can get source of information from Ron. If you have good contact with him can you ask for source of info ? Any link to USED vs waste number. Or even any link that made definition of USED visas and waste visas and their number for last year ? I am serious to get this fix this time , if I get a link to some document that clarify. I think that will help so many. Please get some links to information and we should build a team to fight for this.

    I'm sorry to say this but this will probably the last you hear from . I've tried my best to find a credible source but it never goes anywhere. People just want to talk in terms of random numbers without any concrete substance. Please count on me to work on this issue if you are able to find anything. But in the absence of credible information I refuse to fall in the trap of immigration body shops.



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  • sri1309
    02-18 05:48 PM
    The only thing I liked is at the end that says
    "Makes permanent an INA provision allowing adjustment of status of certain aliens for whom family-sponsored or employment-based applications or petitions were filed by a specified date".
    But that doesnt mean we start dreaming again.. Lets put our efforts. I got an email from Obama today (and I am sure may have also go who have previously posted their stories on his site) that he wants to hear from us what we think about the currrent issues.
    Did you post your story and the problems we are facing?.
    Lets keep writing non-stop. We just need an admin fix, not the whole CIR.





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  • bheemi
    07-24 09:43 AM
    IV core team:
    Can you please respond to the possiblity of questions raised by rpatel.

    thanks



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  • Ramba
    10-20 05:43 PM
    McCain was in favor of two major immigration bills. I guess he has better chances to do something about immigration. On the other hand, Obama has never voted for any major immigration bill and who knows what he really will do. Also, people assume that Obama is close to senator Dick Durbin who tried to screw the legal immigrants many times. If Obama wins and Dick Durbin becomes a more influential senator, we probably will be screwed even big time.

    Nobody knows who will win the election. What I find interesting is that many assume McCain will somehow help us to speed up our GC process. I don't know who will do what as the economy is in the toilet. I don't think either one will do anything about immigration for next 4 years as they have other things to take care of and legal immigration probably won't be a priority.

    However, if no changes are made and things keep going the way it has been going for a while such as - dollar keeps falling, economy keeps going down, businesses keeps going bankrupt - you may not even have a job for too long. With no job, you can pretty much say "goodbye" to your GC right there.

    So who really is better? Anyone?

    That is because, McCain served in senate more than 2 decades and spend much time in Senate judiciary commitee, which overseas immigration. Obama served only two year in senate (very junior member) and spent time in foreign relation commitee. McCain immigration bill (CIR) mainly to give amnesty to illegal aliens and create guest worker program. That bill was aimed (in 2005/2006) nothing but to win Hispanic votes in his bid to white house in 2008. He had no big concern for skilled workers as well as border secuity. It was all political move by McCain. McCain claims as he was a experienced, working accross party line and strong leader. If that is true, why he was not successful in passing immigration bill in 2006? Atleast Obama has right judgement and vison. Remember that, Skilled worker immigration will always be at bottom preference in any immigration bill in future, as it was in past. As economy in toilet, as McCain needs the help of the "Joe the plumber" to fix the toilet, immigartion will not get any attention even if McCain become the president. FYI, There was no single question about immigration in all 4 debates.





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  • engineer
    09-27 09:15 AM
    http://www.mercopress.com/vernoticia.do?id=11377&formato=pdf



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  • Legal
    07-04 08:36 PM
    The dependents for 300k will be 450K (1.5 times primary)


    Don't see any light at the end of the tunnel...

    How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.

    Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.





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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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  • immig4me
    02-04 03:52 PM
    /\/\/\





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  • satysh
    07-17 03:59 PM
    NumberUSA removed the fax now.

    http://numbersusa.com/faxcenter

    Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.



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  • gc28262
    04-11 09:03 PM
    Thanks for your reply. I appreciate your question. Let me explain you in details.
    I am not sure about Mexican illegals but I can tell about Indian.

    Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.

    I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.

    My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!

    I remember Mahatma Ganghi's quotes:

    " I can wait 100 years for freedom but don't want it through violent route"
    khodalmd,

    Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.

    Here is a USCIS memo regarding 245(i)

    http://www.uscis.gov/files/pressrelease/245i.pdf

    Relevant portion:

    "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."

    On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?





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  • uma001
    03-21 01:26 PM
    I replied to your message. Pls check it.





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  • prinive
    02-21 10:22 AM
    Thanks... But I dont think so it will happen... Any how if it happens, a bag of sugar for you...

    Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.





    alisa
    01-27 08:16 PM
    My simplistic model breaks down with this data.
    With these numbers, the ROW backlog for 2002 should have cleared by now, but it hasn't. The Indian backlog should clear in a few years.

    I guess, there is a reason why people don't model these things. The results are no better than pulling things outta thin air if there isn't sufficient data.......

    Maybe USCIS needs computers more than we need visa numbers......

    If there are any estimates on the number of applicants in the different years, we could try some math on it.....I had assumed 160K applicants for ROW in 2002, and from the numbers that andy provided, that backlog should have cleared in 2004.

    Unless we are missing something really really big, things should start moving forward in a year or two. (Especially after USCIS learns about the amazing new invention called a 'computer')

    As my lawyer says, in two to ten years, the PDs will be current.....

    alisa

    i hope that country caps are removed
    i also hope it's not at your expense :-)
    i don't see why people think these things are mutually exclusive
    we all want the best to happen- for ourselves- and as much as we can help it
    for everyone else too!!
    great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
    i do suggest that the final summary should show 3 examples

    China EB2 and EB3
    India EB2 and EB3
    ROW EB3

    this way everyone affected sees something about themselves





    nomi
    12-11 04:12 PM
    I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
    http://www.americanlaw.com/aos.html

    I think this act is not the applicable one.

    So I think we are still green to discuss this. Do you interpret the same?


    so let`s see what does core team `s opinion about it ?? Core Team, please throw some light on it.

    Thx.



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