gcformeornot
08-15 03:59 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
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stucklabor
07-24 10:15 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
dhirajs98
06-11 02:16 PM
Sent an email out and forwarded it to 4 friends.
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kavita
12-11 04:13 PM
If US does not benefit from giving the visas, are they doing it as a part of social service?
All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. !
All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. !
more...
sunty
11-11 09:37 AM
vin13,
This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....
Anyways, can this still be arranged ? I would love to be a part of that in any possible way. Please let me and all the other members know.
This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....
Anyways, can this still be arranged ? I would love to be a part of that in any possible way. Please let me and all the other members know.
sbabunle
01-05 01:35 AM
An idea!!
Lets just put our post on codeguru.com , expertsexchange.com etc etc....
I'm pretty sure lot of techies visit there from all kind of nationalities.....
Lets just put our post on codeguru.com , expertsexchange.com etc etc....
I'm pretty sure lot of techies visit there from all kind of nationalities.....
more...
REEF�
03-13 12:15 AM
Daayummmm @ ThirdWorldMan. That render looks crispy and fresh mang. You got my vote :sen:.
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desi3933
03-09 01:04 PM
spillover happens only when there are more EB based visas available than the number actually issued in the last quarter,
People who don't believe the slow movement should get reality check done.
I am getting Red for this. Great.
People who don't believe the slow movement should get reality check done.
I am getting Red for this. Great.
more...
Administrator2
04-20 04:17 PM
I will get it posted on various internal mailing systems of sun. Will bring the banner www.immigrationvoice.org
Sanjeev
Thank you Sanjeev. That will be very helpful.
Sanjeev
Thank you Sanjeev. That will be very helpful.
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Openarms
03-09 04:36 PM
1) Massive campaigns won't do the job in fact they will do more harm then results particularly in this environments (learn from Hispanic community protests before CIR)
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
more...
sujith1
11-23 10:06 AM
I had a talk with my lawyer and he told me that the salary can be increased. The only condition is that it cannot go below the salary specified in the Labor petition.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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pbojja
12-11 10:17 AM
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .
Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .
I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .
Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .
I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..
more...
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varshadas
12-18 09:11 AM
Hello Everyone,
Can we have the conference call again on Wednesday, 12/20/2006 at 9.00 PM EDT. Also, let me know if you think its a good idea to create an NJ yahoo group so we can all get notified instead of checking back in here every now and then.
Thanks,
Varsha
Can we have the conference call again on Wednesday, 12/20/2006 at 9.00 PM EDT. Also, let me know if you think its a good idea to create an NJ yahoo group so we can all get notified instead of checking back in here every now and then.
Thanks,
Varsha
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diptam
07-01 09:38 PM
Who gave that guy the right to ask questions to IV Core rudely ? He is questioning as if he hired IV core for resolving this Crisis and asking for status update.
He/She crossed the line somehow.
Pappu,
You don't need to be so polite with this member.. He/she just joined IV. Haven't done anything for IV.. Don't know what IV is doing any now start talking about IV core doing partying..
He/She crossed the line somehow.
Pappu,
You don't need to be so polite with this member.. He/she just joined IV. Haven't done anything for IV.. Don't know what IV is doing any now start talking about IV core doing partying..
more...
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willgetgc2005
03-20 07:26 PM
We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.
Admin,
Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.
Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
in 2007, you get in line ahead of candidates whose PD becomes current in 2007.
So in effect all of us loose.
Admin,
Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.
Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
in 2007, you get in line ahead of candidates whose PD becomes current in 2007.
So in effect all of us loose.
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ajthakur
07-14 06:30 PM
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
more...
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Caliber
01-16 07:37 PM
Date of sign up: Jan. 16, 2007
Subscription Name: Secure $50 Per Month Recurring Contribution Subscription Number: S-09A85447SH728390F
Contributed till now: 300 + 50 = 350
Even my October 2002, NJ EB3 labor was not yet approved. Not that some thing good will happen soon, but by seeing the selfless efforts of the core team especially Aman, I feel sad and hence contributing. I know if some one asks me to spend even one hour time for some social life, I may not do so. But this core team has been tirelessly working and I feel ashamed of myself.
This 485 eligibility to apply will not even benefit me as my labor is stuck with PBEC and I hope all the people waiting with 140 approvals will get benefit.
Thank you Team IV.
Subscription Name: Secure $50 Per Month Recurring Contribution Subscription Number: S-09A85447SH728390F
Contributed till now: 300 + 50 = 350
Even my October 2002, NJ EB3 labor was not yet approved. Not that some thing good will happen soon, but by seeing the selfless efforts of the core team especially Aman, I feel sad and hence contributing. I know if some one asks me to spend even one hour time for some social life, I may not do so. But this core team has been tirelessly working and I feel ashamed of myself.
This 485 eligibility to apply will not even benefit me as my labor is stuck with PBEC and I hope all the people waiting with 140 approvals will get benefit.
Thank you Team IV.
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sodh
07-24 10:49 PM
They are talking about Allien#.
If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.
If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.
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jayleno
07-28 09:23 AM
The best way to protest is to STOP DRINKING. Just kidding. Dont worry...Lord Ganesha will punish those sinners.
If you are not sure if you can open a thread for this here...most probably you shouldnt.
If you are not sure if you can open a thread for this here...most probably you shouldnt.
Winner
04-07 10:45 AM
it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
neelu
12-13 12:17 AM
I'm with you - less talk and more action.
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
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