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pv2715
07-12 06:41 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
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mallu
02-14 01:08 PM
...... But truly they don't want too many immigrants from one or two specific country. ...
What about taking into account the current US population ( and calculating the per country counts and then decide which country needs more or less limit ? ) . In that case, i think many europian countries will be severely backlogged. :-)
What about taking into account the current US population ( and calculating the per country counts and then decide which country needs more or less limit ? ) . In that case, i think many europian countries will be severely backlogged. :-)
neelu
12-11 05:09 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
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saatiish
07-13 10:40 AM
Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
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div_bell_2003
01-20 02:53 PM
Buying a house is treated more as an investment (so you are told by the mortgage brokers) and like any investment it has its ups and downs. The OP probably wanted to get into this down market to get a house at a far lower price that what it used to be 10 months back ( similar to buying stocks now if you want to play long ). I really don't see a point lambasting OP for that choice, it's an individual decision.
However, I also do believe that one has to weigh in their options before they plan to make an investment. If you are expecting a kid and your wife is planning on taking time off work to raise the kid, it's probably not a good idea to get such a huge loan on one's back since it's a well known fact, it's going to take some time before anyone see any +ve value on their house prices. It's also imperative in this market to have a decent cash reserve , in case there is no dual income to cover for expenses in case of a job loss. If someone didn't do it, no use crying now !
However, I also do believe that one has to weigh in their options before they plan to make an investment. If you are expecting a kid and your wife is planning on taking time off work to raise the kid, it's probably not a good idea to get such a huge loan on one's back since it's a well known fact, it's going to take some time before anyone see any +ve value on their house prices. It's also imperative in this market to have a decent cash reserve , in case there is no dual income to cover for expenses in case of a job loss. If someone didn't do it, no use crying now !
smuggymba
06-11 08:57 AM
sent to TX senators.
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Madhuri
04-23 08:50 PM
as Always logiclife rocks.....so precise and neat. Core members like him is the ultimate reason I have full faith and confidence in IV leadership.
Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]
Logic Life -- YOU ROCK MAN !![/QUOTE]
Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]
Logic Life -- YOU ROCK MAN !![/QUOTE]
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alias
09-10 01:25 PM
Would the Sys Admin know if you've done that? :D
Nope, you are simply transporting RTSP video data on port 80, to them it should be like any other web traffic.
Nope, you are simply transporting RTSP video data on port 80, to them it should be like any other web traffic.
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Lasantha
07-29 01:04 PM
I would definitely drink this beer if I can get my hands on it. Hopefully it will give me some brains! :D
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sanju_dba
09-09 01:50 PM
This is a big fantasy.
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
I understand what you said, but just to consider the off numbers published by dos
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 " " 34325
--------------------------------------------
" " 51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending left over from above )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
I understand what you said, but just to consider the off numbers published by dos
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 " " 34325
--------------------------------------------
" " 51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending left over from above )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
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kenpat
02-21 04:49 PM
Guys,
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
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jjava100
06-10 04:10 PM
Just sent it. I also sent it to 5 of my friends who are not IV members yet..
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HawaldarNaik
03-09 12:21 PM
let us wait for May bulletin....
and then june....then july....and so on and so forth visa bullietins......:D
and then june....then july....and so on and so forth visa bullietins......:D
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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.
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ajthakur
07-14 07:18 PM
Why does the attorney have to be very competent if its a simple AC 21 case? I know people have applied for AC21 on their own. Will an attorney do something different? He will also send the same set of dcouments that I will? Pleaes help me here. I am not sure whether I should spend thousands of dollars on an attorney for something I could have done myself.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
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arunmohan
06-06 05:22 PM
Enjoy your green life. We don't know when we will see approval for EB3 India.
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bitu72
01-31 10:04 AM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
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vicky007
04-26 02:50 PM
Guys,
I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.
Regards.
I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.
Regards.
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h1techSlave
11-10 10:20 PM
Pushing for such small changes is the right thing to do.
IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover
IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover
[uber]
03-12 11:46 AM
its still a tie between Eilsoe and Thirdworldman...
i voted Eilsoe because the surv. cam was a cool concept...
thirdworldman... you almost got the vote.. but for the fact that no train could travel the curve.... but supreme job regardless...
i voted Eilsoe because the surv. cam was a cool concept...
thirdworldman... you almost got the vote.. but for the fact that no train could travel the curve.... but supreme job regardless...
Googler
02-21 07:49 PM
how about eb 3 priority date for philippines? mine is september 27,2005. any predictions?
Those who are asking about other categories: I just want to say I am not holding back any info, and I don't have any magical powers, so..;)
Those who are asking about other categories: I just want to say I am not holding back any info, and I don't have any magical powers, so..;)
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