desi3933
07-09 11:37 AM
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
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surabhi
04-23 03:50 PM
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
indianindian2006
08-27 06:17 PM
My date will be current next month. But I got fingerprinting notice, and the appointment is on Sep 17th . Does that means will I have to wait until my FP is done to get the approval?. Please suggest me is there any way I can get my FP done prior to the scheduled date. This is my 2nd FP notice. First one was in Feb 2008.
you should be able to do a walk-in finger printing on any day, they will make you wait a bit though.
you should be able to do a walk-in finger printing on any day, they will make you wait a bit though.
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mashu
08-15 03:47 PM
I am on the same boat as well.
I think that LUD recent changes with no receipts/no checks cahsed might reflect transfer to TSC.
Suggestion: for people who filed I140 in TSC and I485 in NSC- to register to USCIS website and keep track of LUD (as a transfer indication):confused:
BTW, talked to my lawyer, he does not think so but he does not any other opinion also:mad:
---------------
EB3
I140 approved by TSC on 6/15/2007
I4585 received by NSC on July 2, 11:34am
Last Update Date on I140 - 8/12/2007
No receipt, no check cashed
I think that LUD recent changes with no receipts/no checks cahsed might reflect transfer to TSC.
Suggestion: for people who filed I140 in TSC and I485 in NSC- to register to USCIS website and keep track of LUD (as a transfer indication):confused:
BTW, talked to my lawyer, he does not think so but he does not any other opinion also:mad:
---------------
EB3
I140 approved by TSC on 6/15/2007
I4585 received by NSC on July 2, 11:34am
Last Update Date on I140 - 8/12/2007
No receipt, no check cashed
more...
deepimpact
09-23 04:44 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
amitjoey
11-17 03:45 PM
Done
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texcan
09-04 07:12 PM
I have mailed my I-485/EAD/I-131 on July 26th and same were received at NSC on July 27th. I did get the receipt numbers for all the same yesterday. The receipt date is Aug 27th, 2007. I did have an TSC I140.
boppana99,
Your case is similiar to mine. Just curious did you get TSC or NSC numbers.
I think TSC nos start with SRC and NSC is LIN.
Please share info.
boppana99,
Your case is similiar to mine. Just curious did you get TSC or NSC numbers.
I think TSC nos start with SRC and NSC is LIN.
Please share info.
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visli_com
02-18 07:41 PM
Tomorrow will be my FP at santa ana,ca , my case was nsc->csc->nsc. 2nd july filer.
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nashim
05-12 12:31 PM
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
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indyanguy
10-03 02:43 PM
Thanks for the reply.
I had trouble finding the memo from Dec 2005. Can you please link it?
Thanks again
I had trouble finding the memo from Dec 2005. Can you please link it?
Thanks again
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PresidentO
02-25 11:50 PM
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.
Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.
With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
"What is the action plan for FUTURE"?
Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.
Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.
With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
"What is the action plan for FUTURE"?
Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.
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CADude
10-12 07:00 PM
Please send details with scaned delivery proof to Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>. This will help him to go to bottom of issue. Step has to taken to avoid this in future. my 2 cents..
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like_watching_paint_dry
12-10 11:51 AM
Why don't you move back to Britain or whichever country you or your ancestors came from? Also, a lot of wealth in the US has been created by these people who "slam into someone else's country." So your argument has little validity. Maybe I should not be wasting my time in responding to xenophobes.
Dont waste your breath on these benefit scrounging, trailer trash dwelling, racist redneck xenophobes. He's just concerned he wont be able to buy viagra with your social security and medicare taxes if you stay and happen to depend on them some day.
Dont waste your breath on these benefit scrounging, trailer trash dwelling, racist redneck xenophobes. He's just concerned he wont be able to buy viagra with your social security and medicare taxes if you stay and happen to depend on them some day.
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stucklabor
06-27 10:10 AM
First up, thanks to everyone for resolving this issue on their own, in a reasonable and civil manner.
In a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
Santosh, those are good suggestions that I will take up to the IV team.
1. The idea of a democratically elected IV goals is a good one but there are huge practical problems. As it stands, the present IV goals are those that most people have indicated are those that the organization should strive for, and from our discussions with Congress/Senate staff, these goals are achievable. With democratically selected goals, the IV core team would have the unenviable task of fighting for whatever goals the populace decides is right, without regard to the achievability of the goals. For instance, if the junta votes on goals, many people would say 'Full portability of GC' or 'Automatic clearance of all pending labor cert applications in the BECs'. Those would probably not fly. Our current talking point is that our goals are small changes to the process; we do not skip any steps; and we do not change the process significantly. A full portability to any job changes the process significantly. Even yesterday, Spgtopper met the staff member of a very powerful House member and the staffer was quite positive on our goals - we do not ask for more green cards, we limit our goals to ones that are reasonable.
2. IV goals are not written in stone. Name check is definitely an issue but it is an issue that not many of our people face. If our membership's problems changes from retrogression to name check, then we would have to work on that. It may be smarter to anticipate the magnitude of the problem and start work early. If you would be kind enough to partially lead the effort, that would be great. Logiclife is working on this issue on his own, and WaldenPond is also working on this. Please PM them. Logiclife is on vacation so he may take a while to respond.
In a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
Santosh, those are good suggestions that I will take up to the IV team.
1. The idea of a democratically elected IV goals is a good one but there are huge practical problems. As it stands, the present IV goals are those that most people have indicated are those that the organization should strive for, and from our discussions with Congress/Senate staff, these goals are achievable. With democratically selected goals, the IV core team would have the unenviable task of fighting for whatever goals the populace decides is right, without regard to the achievability of the goals. For instance, if the junta votes on goals, many people would say 'Full portability of GC' or 'Automatic clearance of all pending labor cert applications in the BECs'. Those would probably not fly. Our current talking point is that our goals are small changes to the process; we do not skip any steps; and we do not change the process significantly. A full portability to any job changes the process significantly. Even yesterday, Spgtopper met the staff member of a very powerful House member and the staffer was quite positive on our goals - we do not ask for more green cards, we limit our goals to ones that are reasonable.
2. IV goals are not written in stone. Name check is definitely an issue but it is an issue that not many of our people face. If our membership's problems changes from retrogression to name check, then we would have to work on that. It may be smarter to anticipate the magnitude of the problem and start work early. If you would be kind enough to partially lead the effort, that would be great. Logiclife is working on this issue on his own, and WaldenPond is also working on this. Please PM them. Logiclife is on vacation so he may take a while to respond.
more...
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ArunAntonio
07-09 07:12 PM
I send emails to every one on the above list.
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h1techSlave
03-10 05:56 PM
"There goes my people, I must follow them."
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
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snathan
02-09 02:41 PM
Thanks Akhil,
Here are the details:
Payment Sent (Unique Transaction ID #1E592259U64890231) $25
Thanks.
Thanks a lot and wish you all the best for your new job soon.
Here are the details:
Payment Sent (Unique Transaction ID #1E592259U64890231) $25
Thanks.
Thanks a lot and wish you all the best for your new job soon.
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malibuguy007
02-12 05:02 PM
C'mon people, $20 is not that big an amount - keep it flowing.
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rbharol
10-25 10:38 PM
Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations.
I appreciate your effort to make us smile and relieve stress but when you repeateldly
keep using the same stuff, people no longer find it humorous.
You too must have realized it by now as people have started questioning why
you are using this word repeatedly.
It is like telling the same joke time and again and expect people to laugh everytime.
I appreciate your effort to make us smile and relieve stress but when you repeateldly
keep using the same stuff, people no longer find it humorous.
You too must have realized it by now as people have started questioning why
you are using this word repeatedly.
It is like telling the same joke time and again and expect people to laugh everytime.
mariner5555
05-01 02:36 PM
actually the other question is why doesnt Murthy or IV asks the USCIS (whenever they get a chance to meet) ..to give a breakdown of the 485 pending by category by country. one would hope that atleast someone in uscis has access to such reports .. any idea, thoughts ??
sanju_dba
07-09 02:07 PM
Dear Friend:
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
where is the attachment?
It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
where is the attachment?
It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
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