stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
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vaishnavilakshmi
06-18 09:53 PM
hi,
Usually they ask for only copies of all the docs and not the originals.And they may ask to show the original copies of the birth,marriage etc,wedding pics,family pics etc at the time of interviews.
Hope this helps u,
vaishu
Usually they ask for only copies of all the docs and not the originals.And they may ask to show the original copies of the birth,marriage etc,wedding pics,family pics etc at the time of interviews.
Hope this helps u,
vaishu
shiva7
05-26 11:54 PM
It was Sunday when I got off the bus in Phoenix and CBP asked me for the papers. I was not carrying any leagal document with me at that time. They tried to get my info on their computer based on the info I gave them about me but they could not for misterious reasons. Ultimately they arrested me for not carrying papers with me and put me in jail. I spent horrible night in jail that Sunday. The next day Judge asked me more details and could find my data. They released me and warned me to carry such papers with me all the time.I never knew that I was supposed to keep a copy of the papers with me. I am just wondering who is supposed to notify us that we need to carry papers with us at all the times ?
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downthedrain
02-03 10:31 AM
Thanks desi3933, couple more questions...
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 paystubs from this year?
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 paystubs from this year?
more...
nixstor
10-15 05:03 PM
And my question is: will sending multiple copies of this make any difference ?? How many copies are really required to get their attention??
Yes, copies of this request from different individuals is going to make a difference. we need to show that the information being requested is needed by a lot of people out there. Just in case if you are wondering, Your application and your FOIA request have got nothing to do with each other.
Yes, copies of this request from different individuals is going to make a difference. we need to show that the information being requested is needed by a lot of people out there. Just in case if you are wondering, Your application and your FOIA request have got nothing to do with each other.
morpheus
07-24 10:21 AM
I believe you are overlooking three very important facts.
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
more...
Buran
02-15 02:40 PM
How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
70 percent of H-1B are used by Indian consulting companies. Where do you think they hire their workers?
Countries like India, China, Poland, UK, Russia, Canada, and others are not allowed to participate in the DV lottery because they send more then 50,000 immigrants to the US every year.
I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
70 percent of H-1B are used by Indian consulting companies. Where do you think they hire their workers?
Countries like India, China, Poland, UK, Russia, Canada, and others are not allowed to participate in the DV lottery because they send more then 50,000 immigrants to the US every year.
I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)
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vin13
03-10 10:32 AM
I have enough miles to get about 3 round trip tickets. Please PM me if you are in need for participating at the DC event.
Please note that priority would be given to
1) someone from mid-west or south-west. Basically the preference is for someone who is not within the drivable distance.
2) You also need to be registered for the advocacy day.
3) You also have to be willing to participate in the training and the 2 days of advocacy.
4) You need to PM me with your name and phone number and good time to reach. There is not much time to go back and forth on PM or emails.
Please note that number of tickets available for miles redemption would be less so we need to act fast.
Thanks
Please note that priority would be given to
1) someone from mid-west or south-west. Basically the preference is for someone who is not within the drivable distance.
2) You also need to be registered for the advocacy day.
3) You also have to be willing to participate in the training and the 2 days of advocacy.
4) You need to PM me with your name and phone number and good time to reach. There is not much time to go back and forth on PM or emails.
Please note that number of tickets available for miles redemption would be less so we need to act fast.
Thanks
more...
nitinboston
04-10 01:02 AM
i have been on this forum for some time now, something i still am trying to understand is, IS GC A RIGHT OR A PRIVILEGE? if its a right i am all for fighting for it but if its a privilege bestowed by this nation on immigrants why don't we just kneel and pray instead of crying foul.
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mugwump
09-26 12:00 PM
She changed the article, but shouldn't we ask her to apologize for misinforming people???
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krishna.ahd
01-30 01:21 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
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$eeGrEeN
06-22 12:58 PM
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
more...
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gcisadawg
12-14 11:20 PM
kumar1,
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
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PavanV
06-10 02:00 PM
If this law does pass, it will definitely will be bad for US economy, good for the world.
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snathan
08-10 12:50 PM
Thanks VDLRAO.
I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
Does that means there are not many old cases in line ahead of us?
Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)
check for table 6
That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?
I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
Does that means there are not many old cases in line ahead of us?
Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)
check for table 6
That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?
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abhijitp
07-25 05:25 PM
If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.
Having looked at older posts (here or other threads) by Pappu and others, I think although adjudicator will usually send an RFE there is no guarantee it won't be outright rejected. Secondly, in which application form/ press release etc is ANYTHING AT ALL mentioned about paystubs? On the other hand, the I-485 applocation form instructions clearly say the employment letter is required.
Having looked at older posts (here or other threads) by Pappu and others, I think although adjudicator will usually send an RFE there is no guarantee it won't be outright rejected. Secondly, in which application form/ press release etc is ANYTHING AT ALL mentioned about paystubs? On the other hand, the I-485 applocation form instructions clearly say the employment letter is required.
more...
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pappu
06-11 03:25 PM
Pappu,
Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.
Thanks,
Rayoflight
The mail will only be sent to your US Senators from your state.
Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.
Thanks,
Rayoflight
The mail will only be sent to your US Senators from your state.
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shana04
04-23 10:03 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats, you deserve it.
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats, you deserve it.
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h1techSlave
02-03 11:32 AM
Sorry to put some damper on your enthusiasm and efforts. But I think it is better if we can get the blessings of IV leadership on our efforts.
It might be difficult to convince them. But only with active support from majority of IVians, we can accomplish some thing.
The Obama administration is boasting on 'Equality amongst unequals', I am going to ask as many lawmakers I can, where is the equality for us, why immigrants are not eqal, where are our human right ? where is our Liberty ? why a Fijian who reports to me got in the country last year and got his green card and I'm waiting for 6 years now...
It might be difficult to convince them. But only with active support from majority of IVians, we can accomplish some thing.
The Obama administration is boasting on 'Equality amongst unequals', I am going to ask as many lawmakers I can, where is the equality for us, why immigrants are not eqal, where are our human right ? where is our Liberty ? why a Fijian who reports to me got in the country last year and got his green card and I'm waiting for 6 years now...
chanduv23
09-12 11:08 AM
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070911_591357.htm?chan=top+news_top+news+index _businessweek+exclusives
Everyone must come to the rally
Everyone must come to the rally
nixstor
04-04 10:34 AM
The truth is they already know that there are professors and research scientists who are in limbo. Its just unfortunate that every one has to ride the same boat. We need to call lawmakers to tell them how bad the situation is, contribute so that IV can reach the lawmakers through lobbying. If every one does the above two things, we will reach our goal faster.