puddonhead
05-01 10:59 AM
iff = if and only if
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
wallpaper Twins Sign At Target Field
newbie2020
05-05 04:52 PM
What is ur PD? My prediction is by end of 2008 EB3 will touch 2003.
I have a long journey Mine is EB2 02/08
I have a long journey Mine is EB2 02/08
raju123
07-03 08:51 AM
I agree, it should start as soon as possible. Delay will kill the impact.
I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)
I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)
2011 5/5/10 at Target Field
India_USA
09-14 09:26 AM
It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"
more...
desi3933
06-28 01:38 PM
-- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
This is not correct from legal point of view. I would put this statement as
-- Must have valid work authorization. Sponsorship for any work visa is not offered.
Employer can not ask for kind of authorization. It could be, EAD, OPT, GC etc. As long as applicant is qualified as per I-9 form, kind of authorization should not matter.
Of course, H-1B applicant can not apply for this job position since visa sponsorship is not available.
_______________________
Not a legal advice.
US citizen of Indian origin
This is not correct from legal point of view. I would put this statement as
-- Must have valid work authorization. Sponsorship for any work visa is not offered.
Employer can not ask for kind of authorization. It could be, EAD, OPT, GC etc. As long as applicant is qualified as per I-9 form, kind of authorization should not matter.
Of course, H-1B applicant can not apply for this job position since visa sponsorship is not available.
_______________________
Not a legal advice.
US citizen of Indian origin
dontcareanymore
07-28 01:37 AM
Sorry if I am dashing the hopes of some and sound too pessimistic , but I think I have the right to be one , and this is what I feel where we are headed:
1) Historically EB2 and Eb1 has the advantage over EB3. You may argue on the merits but it is the fact. It may be news for the folks who got in to the queue recently , but that is generally a trend except recent past. So there is no use in getting mad that EB2 are GC before EB3. But at the same time I don't accept arguments from some EB2s that EB2s are smarter than EB3 and have the right to get GC at least 6 years ahead of EB3. Like every thing else in this unfair process , you are at the right place at the right time and you get it. Be happy for that. If you can't understand the frustration of some Eb3s, the minimum you could do is not show off. If some one has been around for a while and seen this process they would not be either surprised or jealous about EB2's current status.
2) It is sad to see this infighting. We are in a GC quagmire and there are no better solutions and most people are really frustrated and you can see that in the discussions. I see that the interest from active people in waning and probably justifiably so. You can see a pattern of decreasing interest from the peek (Jul last ear) . Most people are happy with EAD and Ac21 and some of the active folks got their GCs. Some of the most vocal, visible people on the forum has changed their tune soon after the last bulletin , just because their PD is current. It changes from "we all are in this together" to "You are on your own". Good luck to people in the queue to convince your brothers to be with you , if and when you walk the streets of DC :) :). They are at the doorsteps of being PR and are in a different group. If some of the posts are any indication, They think they are entitled to look down on you.
3) There was a post a while ago asking whether the core group is wasting their time. Most of the time I agree. Most of us here are just for our selfish sake , despite what most preach about cause , justice , fairness , principles etc. Some to go the extent of comparing this with great fights in their home country. It is far from it. Just one air GYGC.
4) we started loosing the unity the moment we forgot our main objective. "All immigrants are in this together" and this is not country specific. Instead of fighting together with others to capture lost visa numbers and exempt family members from the quota , we tried to snatch some numbers from our friends (ROW).(Not that I believe we could get the visa recapture this year) Now we are further divided between EB2I and EB3I with the same argument. I can give you another example of selfishness. Now that these guys have EAD and AP, they don't want concurrent filing , don't want premium processing for 140. Don't want any one else interfile with EB2. Just process my application without an interruption :):). I don't care if others done even get their H1 extended or get EAD. Where we are headed with this approach ?
What do we have in store :
Just hope the stars align for you and one day you will get yours. It will happen even if it takes 10 years. Live with it because you chose it.
Don't loose sleep over some one else getting GC ahead of you. Try to live your life.
Do what ever you can to better the situation. It depends on what you believe.
If you have 10 people with you in the struggle , don't count on them to be with you tomorrow.
if you are pissed off about some thing, went it by non-violent method. feels good. Blog , watch a comedy movie or do some thing that relaxes you.
Don't be surprised if your hopes are dashed.
At the end of the day getting GC is not indicative of your education, experience,capacity , knowledge , wisdom , usefulness to this country or the other way round. "GC is just what you have, not what you are ".
I must have ruffled some feathers. If your feathers are ruffled , please see my handle. :):)
1) Historically EB2 and Eb1 has the advantage over EB3. You may argue on the merits but it is the fact. It may be news for the folks who got in to the queue recently , but that is generally a trend except recent past. So there is no use in getting mad that EB2 are GC before EB3. But at the same time I don't accept arguments from some EB2s that EB2s are smarter than EB3 and have the right to get GC at least 6 years ahead of EB3. Like every thing else in this unfair process , you are at the right place at the right time and you get it. Be happy for that. If you can't understand the frustration of some Eb3s, the minimum you could do is not show off. If some one has been around for a while and seen this process they would not be either surprised or jealous about EB2's current status.
2) It is sad to see this infighting. We are in a GC quagmire and there are no better solutions and most people are really frustrated and you can see that in the discussions. I see that the interest from active people in waning and probably justifiably so. You can see a pattern of decreasing interest from the peek (Jul last ear) . Most people are happy with EAD and Ac21 and some of the active folks got their GCs. Some of the most vocal, visible people on the forum has changed their tune soon after the last bulletin , just because their PD is current. It changes from "we all are in this together" to "You are on your own". Good luck to people in the queue to convince your brothers to be with you , if and when you walk the streets of DC :) :). They are at the doorsteps of being PR and are in a different group. If some of the posts are any indication, They think they are entitled to look down on you.
3) There was a post a while ago asking whether the core group is wasting their time. Most of the time I agree. Most of us here are just for our selfish sake , despite what most preach about cause , justice , fairness , principles etc. Some to go the extent of comparing this with great fights in their home country. It is far from it. Just one air GYGC.
4) we started loosing the unity the moment we forgot our main objective. "All immigrants are in this together" and this is not country specific. Instead of fighting together with others to capture lost visa numbers and exempt family members from the quota , we tried to snatch some numbers from our friends (ROW).(Not that I believe we could get the visa recapture this year) Now we are further divided between EB2I and EB3I with the same argument. I can give you another example of selfishness. Now that these guys have EAD and AP, they don't want concurrent filing , don't want premium processing for 140. Don't want any one else interfile with EB2. Just process my application without an interruption :):). I don't care if others done even get their H1 extended or get EAD. Where we are headed with this approach ?
What do we have in store :
Just hope the stars align for you and one day you will get yours. It will happen even if it takes 10 years. Live with it because you chose it.
Don't loose sleep over some one else getting GC ahead of you. Try to live your life.
Do what ever you can to better the situation. It depends on what you believe.
If you have 10 people with you in the struggle , don't count on them to be with you tomorrow.
if you are pissed off about some thing, went it by non-violent method. feels good. Blog , watch a comedy movie or do some thing that relaxes you.
Don't be surprised if your hopes are dashed.
At the end of the day getting GC is not indicative of your education, experience,capacity , knowledge , wisdom , usefulness to this country or the other way round. "GC is just what you have, not what you are ".
I must have ruffled some feathers. If your feathers are ruffled , please see my handle. :):)
more...
dreamworld
08-16 12:36 PM
PD: EB3 - Mar 2004
140: got approved on June 2007 at TSC. LUD 8/12/2007
485: July 2, 2007
No checks cashed yet!!!
What is LUD mean?
From USCIS online tracking: https://egov.uscis.gov/cris/jsps/login.jsp
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
140: got approved on June 2007 at TSC. LUD 8/12/2007
485: July 2, 2007
No checks cashed yet!!!
What is LUD mean?
From USCIS online tracking: https://egov.uscis.gov/cris/jsps/login.jsp
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
2010 Here#39;s a look at the field from the 3rd base side…
sss9i
09-11 10:56 PM
Please create link to main page So that everyone can access easily.
more...
CADude
03-25 05:50 PM
You are an optimistic guy. keep it up. I used to be same once upon a time. Not Any More... :D
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
hair 5/5/10 at Target Field
yabadaba
03-09 12:40 PM
another story:
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
more...
Ramba
07-12 11:59 PM
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
hot 5/5/10 at Target Field
rameshvaid
11-18 05:09 PM
Dear Mr. XXXX
Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).
The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.
As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.
Thank you again for sharing your views with me.
Sincerely,
Sherrod Brown
United States Senator
P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..
Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).
The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.
As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.
Thank you again for sharing your views with me.
Sincerely,
Sherrod Brown
United States Senator
P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..
more...
house 5/6/10 at Target Field
h4help
10-15 10:58 AM
Filed: July 5th
Receipt Date: Sep 11
FP : Oct 23
EAD Still pending
But Husband received EAD card.
Anyone in my boat ??????????????????????????????????
Receipt Date: Sep 11
FP : Oct 23
EAD Still pending
But Husband received EAD card.
Anyone in my boat ??????????????????????????????????
tattoo 5/5/10 at Target Field
manderson
03-08 10:17 AM
:D :D :D :D Go Outback tonight. Life will still be here tomorrow.
more...
pictures 5/5/10 at Target Field
immigrationvoice1
03-26 10:23 AM
Any comment from anyone?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
dresses 5/5/10 at Target Field
GCSufferer
08-30 11:09 AM
Reached NSC on July 3rd 9.04 am. Signed by Besch. No receipts yet.
more...
makeup 5/6/10 at Target Field
vsoni
12-03 02:20 PM
Is there any way I can help you?
If yes Please PM me
If yes Please PM me
girlfriend 5/5/10 at Target Field
senthil1
06-23 03:04 PM
Predictions of the bill
I think some result will come in the bill sooner or later. if not this year may be next year bill will be passed. Probably most of the immigration provisions will be Amended to get a some releif for everyone. H1 cap may be increased to 115k. No of greencards will not be 650k. may be Double the current number than 650k. There will be strong opposition for big increase of immigration. The reason is lot of americans lost job in IT because of outsourcing and h1s. The impact might be mild as most of them landed in another job as ecomomy slowly improved. If no possiblity of passing the bill it will be killed in 2 or 3 months. On the other hand If delayed for next year the bill will be passed in some form. Bush will try to give relief to illegals before he leaves office.
I think some result will come in the bill sooner or later. if not this year may be next year bill will be passed. Probably most of the immigration provisions will be Amended to get a some releif for everyone. H1 cap may be increased to 115k. No of greencards will not be 650k. may be Double the current number than 650k. There will be strong opposition for big increase of immigration. The reason is lot of americans lost job in IT because of outsourcing and h1s. The impact might be mild as most of them landed in another job as ecomomy slowly improved. If no possiblity of passing the bill it will be killed in 2 or 3 months. On the other hand If delayed for next year the bill will be passed in some form. Bush will try to give relief to illegals before he leaves office.
hairstyles 5/5/10 at Target Field
english_august
07-09 04:58 PM
There is a 99% chance of a TV crew covering this event. I just spoke with them and they are just working out the logistics. They will reach the USCIS office at around 12 PM and said that it would be great if some of us are available around that time to talk to them.
Any D.C. area people interested in going there, please send me a private message with your name and phone number so that we can talk and work out the logistics.
Any D.C. area people interested in going there, please send me a private message with your name and phone number so that we can talk and work out the logistics.
jsb
09-14 01:18 PM
I am not sure what SOL stands for.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.
adde72
07-06 04:53 PM
DC is the right place even on a weekend also just protesting infront of the uscis office will get media attention .....we should plan for this.i know less than 1000 people will be a failure ..can we try to get the mood of the IV for this kind of event ...
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