simple1
05-11 01:49 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
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senthil
02-06 10:59 PM
good question. i guess you were thinking we both were on AOS stage.
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
diptam
08-30 04:58 PM
Babu,
Very few folks are like you ! Guys like you fight for a cause - i understand your point.
Please help us by requesting your GC Aspirant friends in this country to participate in DC Rally on Sep 18th Tuesday.
Hearty Congratulation once again on your GC.
Thanks,
Diptam
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
Very few folks are like you ! Guys like you fight for a cause - i understand your point.
Please help us by requesting your GC Aspirant friends in this country to participate in DC Rally on Sep 18th Tuesday.
Hearty Congratulation once again on your GC.
Thanks,
Diptam
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
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TigerAmit
09-23 03:07 PM
Dear Guru's
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
more...
DareYouFireMe
03-15 12:25 PM
No
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
eb3retro
10-29 10:04 AM
lazycis,
i sent you a pm..could u pls respond. thanks.
i sent you a pm..could u pls respond. thanks.
more...
kawosa
08-19 12:53 PM
Yep, just passed level III , today. Now will start applying for the charter.
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
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pjalan
04-02 01:13 AM
My employer refuses to give my copy of approve LC.
I had MS + 1.5 yrs of exp.
So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.
I am willing to take the risk.
I had MS + 1.5 yrs of exp.
So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.
I am willing to take the risk.
more...
tnite
06-18 11:59 AM
Hi Guys:
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
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prouddesi
10-15 05:08 PM
^^^^^^
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)
more...
learning01
05-11 01:03 PM
Audio Link (http://www.npr.org/templates/rundowns/rundown.php?prgId=3) on Internet and Click on Listen.
A while ago, it used to be that the stream was cut off after one hour. Off late, I am not listening. Also check your local public radio. In CO it is www.cpr.org
For funding reasons, NPR has veered away from its middle of the road position in the last 5 years. Thus, in my view, it lost neutrality and my listenership.
can we listen to this program online?
A while ago, it used to be that the stream was cut off after one hour. Off late, I am not listening. Also check your local public radio. In CO it is www.cpr.org
For funding reasons, NPR has veered away from its middle of the road position in the last 5 years. Thus, in my view, it lost neutrality and my listenership.
can we listen to this program online?
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andy garcia
07-30 08:45 PM
Let's hope everyone will be all right.
My son will turn 21 in December 07 and I stuck in name check for who knows how long.
My son will turn 21 in December 07 and I stuck in name check for who knows how long.
more...
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Saralayar
05-14 06:28 PM
Hello friends,
On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
Please provide all your GC personal details in IV so that you will get better answers.
On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
Please provide all your GC personal details in IV so that you will get better answers.
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logiclife
02-16 10:31 AM
California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Backlog centers have worsened the problem by slowing things down even further and now you even lost transparency. They are like "Trust us, we are the elite backlog centers...how could WE do anything wrong".
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Backlog centers have worsened the problem by slowing things down even further and now you even lost transparency. They are like "Trust us, we are the elite backlog centers...how could WE do anything wrong".
more...
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sodh
07-24 10:17 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get an affidavit signed by a magistrate from your country which has the corrected names, the Lawyers will have the format for that.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get an affidavit signed by a magistrate from your country which has the corrected names, the Lawyers will have the format for that.
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zofa30
09-14 05:04 PM
Thanks a_yaja and thanks for all who helped me in this issue,
Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.
I have a couple of questions that will help me to figure out what to do:
1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?
2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
Thanks.
Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.
I have a couple of questions that will help me to figure out what to do:
1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?
2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
Thanks.
more...
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vijse
12-19 08:42 PM
For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!
I went to a CPB defferred inspection site which was the one closest to where I live ,with my pasasport ,I-94 and my H1 petition . So the officer clearly saw it was an error and gave me a new I-94 .
I went to a CPB defferred inspection site which was the one closest to where I live ,with my pasasport ,I-94 and my H1 petition . So the officer clearly saw it was an error and gave me a new I-94 .
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kaskar
06-19 01:27 PM
any members planning consular processing in delhi ???
please respond
please respond
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Templarian
11-20 02:57 PM
So just curious if you were going to put this up for the weekend.
LongJourny
01-23 12:56 PM
Hi guys,
Please respond to my previous post and help me, if you can, as soon as possible. I planning to fix an appointment. Your help is greatly appreciated. Thanks in advance.
Please respond to my previous post and help me, if you can, as soon as possible. I planning to fix an appointment. Your help is greatly appreciated. Thanks in advance.
manderson
08-15 09:26 AM
"IV was very active in lobbying for CIR 2006, which was passed in senate. "
True but most people don't know the difference between passing it in senate and signing it into law - they will think it simply passed (this has been my experience when talking to GC/485 newbies). Please say something like "which was passed in the senate (upper house of parliament), short of passing into law".
True but most people don't know the difference between passing it in senate and signing it into law - they will think it simply passed (this has been my experience when talking to GC/485 newbies). Please say something like "which was passed in the senate (upper house of parliament), short of passing into law".
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