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  • gcformeornot
    03-27 07:25 AM
    service rep. I tried calling could not find a way to talk to somebody to create SR. Can anybody help? What are sequence of numbers after calling 800 number...

    Thanks.




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  • contactkpatel@yahoo.com
    08-27 01:29 PM
    Hi All,

    Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
    We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.

    Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.




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  • jfredr
    08-13 02:14 PM
    chek the front log dates announced as of August 10th


    http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf




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  • YesGC_NoGC
    11-21 11:13 AM
    Mehul,

    We are sorry to hear this, May God bless you and your family help you come out of this as winner, Please try and do not lose hope, we all are praying for you.

    Best Regards

    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul



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  • fittan
    07-09 02:40 PM
    Yes, that is understood.
    The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?

    I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.

    IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.

    Fittan




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  • kumar1
    01-31 07:59 PM
    Desi3933 - Thank you for sharing this link. Now I totally believe it.
    As promised before, now after looking at DOL web site, I will shut up.

    Since you asked -

    Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
    Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    (ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • pappu
    03-10 11:43 PM
    Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...

    Still feels that GC is just a part of journey of my life...
    pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.

    INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.

    currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap




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  • munnu77
    05-05 09:21 PM
    keep pressure on Cronyn to put it on debate by contacting him by fone or fax



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  • Ushakiran
    05-10 06:25 PM
    Did I say Nigerians should stand behind ALL of Chinese and Indians??? Can you read English? What I am saying is all should stand in line purely based on priority date, no matter whether he is Chinese, Indian, Japanese, or Nigerian. Yes, we were aware of the quota. yes, the quota has been there for a while. are you aware of robbery in this country? does that mean robbery is good? does that mean we should not do anything about that?

    You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.

    There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?




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  • simple1
    05-02 01:04 AM
    Families will never get separated. Please don't use emotional wordings without basis.

    GC holder's marriage (regardless of their stream) to indian citizen (derivative) will make the indian citizen wait for atleast 5 years ( based on current vb date for fb2a or gc sponsor becoming citizen in 5 years ). Why are you tying N400 eligibility with this ? regardles of the interpretation any gc have to show ( 5years presence, atleast 6+ months a year, 30 months etc) to become eligible to become USC ? You could be referring to a special and/or complex case of lot or large reentry permit ?

    Expect for some rare special cases of long reentry permits, This interpretation I am suggesting will neither enhance their condition or make it worse for any derivative already-in or newly-entering FB2A.

    I read some were 88k visas are available for FB2A. I think they are safe.

    Look at the EB3 mess. Is it in any way fair for EB-primary to wait that long ?


    The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.



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  • asdfred
    08-04 01:24 PM
    applied 19th june
    TSC
    paper based
    LUD on 21st june
    card production ordered aug 1st




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  • webm
    03-28 12:29 PM
    Looks like there won't be any movement in May08 VB for EB3-I/ROW based on this article...:(..

    �MurthyDotCom
    It is expected that the cutoff dates in the employment-based, third preference category (EB3) will remain the same during the month of May 2008. However, this depends on the USCIS's processing of cases, as visa numbers are assigned based on I-485 approvals. Therefore, the number of I-485 applications approved by the USCIS determines, to a large extent, the immigrant visa number usage. (The consulates also use EB3 visa numbers, but far fewer than the USCIS.)
    �MurthyDotCom
    The EB3 cutoff dates moved forward in March and April 2008 in an attempt to avoid a recurrence of the events of the summer of 2007. As our regular readers, in the summer of 2007, the Visa Bulletin reflected current for most categories in an effort not to have an immigrant visa numbers go unused by the end of the fiscal year. They dates are being moved more quickly in the spring, as there is a potential that USCIS will have to reallocate staff from I-485 cases to naturalization cases to address the backlogs with those filings in order to naturalize eligible individuals prior to the November 2008 general election. Moving the dates forward permits case approvals and full utilization of immigrant visa numbers before the end of the fiscal year

    -----------
    EB3-I PD:0ct'01



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  • baba2s
    07-16 08:18 PM
    If u want to be fair, fight to remove country quota and not fight among EB categories

    I agree with you vin13, remove country quota or by number of years we are legally here in US.
    Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.




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  • conchshell
    05-09 10:53 AM
    I can read and feel the anger and frustration. But I have seen this every time a retrogressed visa bulletin was released in last ten years. Appeals for unity and and urgent need for action. However, it turned out to be a storm in a tea cup. Hope its gonna be different this time.



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  • spulavarthi
    09-03 04:19 PM
    I got the welcome notice in mail.
    I got the cards in the mail.


    I did not get the 'approval notice' yet(mailed on aug 22).
    Does it matter?

    sk2006,

    Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?

    Srini.




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  • chanduv23
    07-09 09:12 PM
    Desi393, FinalGC, Ramba:

    You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
    " employment? Could you quote a USCIS resource?

    Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.

    sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
    the "permanant" job means "the job is always there" as per projection.

    even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.

    The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.

    So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.

    Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.

    Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now



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  • techskill
    08-18 01:08 PM
    I think IV core shud take the matter with USCIS or the concerned people.




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  • HV000
    09-30 09:44 AM
    I have a couple of questions. My employer has an in-house attorney who is responsible for green card processing.

    1. If i change employers WITHOUT notifying USCIS, who gets the RFE (if any) in the future? My ex-employer or beneficiary (I got my I-485 receipt directly from USCIS)

    2. If i change employers WITHOUT notifying USCIS after 180 days, what happens if my ex-employer tries to CANCEL my I-140?
    Can USCIS cancel I-140 without receiving any AC-21 notification from me?




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  • SKK2004
    08-25 02:08 PM
    Thank you, texcan. FP may not be requierd for EAD renewal or first-time EAD? Mine is first time EAD. So, eseentially no FP yet for 485 (filed August 07) and first time EAD (this August)!

    Thanks again!

    Congrats on EAD renewal. Enjoy and relax; please donot get in habbit of worry for anything and everything.

    Anyways, paper based ead renewal donot require finger prints. Search the forum, this has been stated many time.

    chill




    trueguy
    07-27 07:29 PM
    I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.

    It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)

    If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.

    Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.

    I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.


    Earlier it was like this:

    EB2 ROW --> EB3 ROW

    If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.




    PDOCT05
    10-03 02:31 PM
    I just called USCIS and IO said they just started entering data to the applications for july 2nd and 3rd filers..we can expect some thing in next 10 days...:):p



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  • vij
    06-18 11:21 AM
    Does 140 LUD change before they cash the checks




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  • WaldenPond
    06-28 08:34 PM
    Hello gg_ny,

    USINPAC and India Caucus work together. And we have been seeking help from USINPAC. But Thank you for the suggestion.

    WaldenPond




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  • ca_immigrant
    02-01 11:48 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)


    Is OCI an option ? I am actually a little confused as to what happened to the OCI option now a days ?
    My daughter is 5 and is a US citizen and we got an OCI for here in 2006.

    Now we have a son who is 5 months and looks like OCI is not an option anymore...and we will have to get a PIO...

    Also I think for the PIO route....you have to report to the police...only if you are above 18....

    On bribery...I know it was a big issue before...but I thought people are more scared to take bribes now a days due to the way there are hidden cameras everywhere...
    I magine taking ur iphone and trying to bribe a cop back home (while recording) .... -:)

    yes, I myself have bribed some idiot policemen , when I was still in India in 1999-2000.
    ek tho paise lethe hein aur upar se chilate bhi hein...they take moeny from you and also yell at you...(yes when you are quite younger they do not respect you and just take money from you for all weird reasons)
    ...I wish I had a iphone then which could record the @#%#$^%$^




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  • arc
    11-21 05:32 PM
    Mehul

    I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.

    - Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees.

    - There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.

    - Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.

    - Life in India will also be less expensive if you decide to live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.

    - I am sure you must have looked into cancer survivor stories, stem cell research, marrow transplant, blood transfusion and treatment options.

    - Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.

    God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.



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  • dtekkedil
    07-10 02:28 PM
    Looks like CNN - India covered the our flower campaign story on TV!

    Just got an SMS from India!




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  • somegchuh
    05-05 05:39 PM
    I think H1Bmajdoor isn't taking a depressing tone. It's more of a realization tone.

    I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.

    Here's a little history of GC process I know...
    back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.

    Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.

    Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.

    I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.



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  • sujith1
    07-30 09:10 AM
    Receipt Date - July 11
    Card Production Ordered July 29

    This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.

    No logic to any of this :mad:




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  • sriteam
    07-10 09:40 AM
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  • tcsonly
    07-09 06:08 PM
    Sent email to KPCC, Pasadena, CA.




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  • siva9
    09-12 04:19 PM
    My application reached NSC on July 31, 2007.
    Today I received my receipt numbers from my lawer.



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  • Jimi_Hendrix
    12-13 11:52 AM
    I agree whole-heartedly.
    Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
    We have a legitimate, common sense and good cause on our side.

    In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?

    If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.

    But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.

    It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......

    Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?

    Alisa, sadly that is the problem. Not enough people want to pick up the spade and work with the NJ or other chapters. I hope that more and more people will realize that creating awareness among politicians is the first step to getting their support when some bill comes up for discussion.




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  • sam2006
    08-30 05:10 PM
    Hi Lisap
    How come you have EAD card even before the Checks have been cashed?
    i thought Uscis first cashes the checks
    thanks



    FYI I received my EAD card this morning!!! I know yours are all coming soon! It never updated online it just said that the approval notice was sent- it never said card ordered.



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  • kbsyed61
    08-14 08:52 AM
    Yesterday I recd. the receipt notice for my I-485 filing on July 2, 2007.

    PD - 11/2004, EB2, India
    Service Center - Nebraska
    Receipt Date - July 2, 2007
    Notice Date - August 4, 2007




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  • nk2006
    10-05 10:01 AM
    When is the next congress session? is it in Nov/Dec (the so called lame-duck session). I am wondering about chances of having some immigration measures during that session. Being a lame-duck session, do congressmen can take up a serious measure like immigration for discussion (either CIR or SKIL)? If not - is it possible to introduce some highly desirable stop-gap measures like: ability to apply for 485 during retrogession; recapturing the unused visa numbers from previous years with soft country limits (as is done a few years back); and faster backlog reduction at BEC�s. In short I am wondering about our strategy for next 4-5 months; and is there a hope - however small it maybe � hope of getting something done this year; Or our only hope is with next congress?

    Talking about next congress - I was wondering about what is the best outcome for us during elections? Does democrats getting majority in both houses is better for us or is it other way? Or a combo is best for us (democrat majority in house with republican majority in senate).

    Statutory warning: I know this post is full of questions of general nature (i.e. there is no definite answer). I am posting to discuss/speculate the chances of any immig measures making it in �06 or early �07.



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  • bmosur
    08-31 01:57 PM
    PD - July 2004 Category - EB3
    I-140 cleared June 2006
    I-485 - send 07/27/2007
    Cheqs encashed 08/31
    Receipt Date - Not yet

    Hope this helps. Looks like they are processing randomly




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  • qplearn
    12-10 03:38 PM
    There are two posts from 'Ticked Off' at this link:

    http://www.steinreport.com/archives/009849.html
    Scary comments. Also saddening.



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  • sss9i
    05-23 07:56 AM
    I sent to Mr.SessionsMr.Graham and Mrs.Clinton

    Dear Senator:
    Good morning~

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    Immigration Voice (www.immigrationvoice.org) represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and qualify of life of these half a million legal skilled immigrants is subverted by the bill in its current form.

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification by simply by registering.

    Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.

    Thanks,
    Dr.Gaddipati




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  • lost_in_migration
    05-01 04:35 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4

    PART 1

    Sec. 203. [8 U.S.C. 1153]

    (a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:

    (1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).

    (2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -

    (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or

    (B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).

    (3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).

    (4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.

    [TO BE CONTD.]




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  • yadav
    08-31 08:50 AM
    Initially i filed I485 only and now I am planning to apply for AP, can you please send me the list of documents i need to send and the fee amount.

    thanks in advance




    desi3933
    02-05 11:01 AM
    Desi3933 - Thank you for sharing this link. Now I totally believe it.
    As promised before, now after looking at DOL web site, I will shut up.


    Kumar -

    You are welcome. I am glad to be of help.

    There was a case U.S. DEPARTMENT OF LABOR vs. Ken Technologies, Inc. That dealt with issues of benching and when employer is liable to start paying.

    Personally, I don't want you to "shut up". Disagreement is part of healthy discussion. But I felt your post should have been little more polite than this post.

    Where is it written???? 30 day rule?????? SHOW ME ...................................

    STOP THIS NON-SENSE.......




    muraliy
    09-15 04:28 PM
    I am very new to this forum and have been spending some time here just over the past few weeks. I am trying to learn the ropes of this EB green card system. As someone pointed, I belong to those on the "fence" not knowing what or how to be effective with my time and money in these efforts. I like this thread and I think I want to begin my involvement through this effort.

    My opinion is that we don't need a 1000 people to contribute to reach $100000 for the effort. Those who are willing to give $100 would not, I think, hesitate to give another $100 or even more to speed up the process. I for one will contribute $200 and if necessary more for this effort.

    Yes, great to see fellow determined souls here so far

    Goal is to get atleast 1000 to start with.

    First step is to collect details ( Name, E-mail and Ph No# )

    Please send them MAN-WOMAN-GC ASAP . He has gracefully offered to maintain a spreadhseet.

    Once we reach the number of resources, we will have conference calls, meet in person whoever can, arrange for money, decide on lawyers ( which MadhuVJ has some very good suggestions ) and move on from there

    We are doing it brothers and sisters.



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  • HelloGC07
    08-03 05:10 PM
    Hello Gc ,

    Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC


    No LUD on approved I 140




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  • apahilaj
    08-08 03:40 PM
    I am in the same boat. I got Notice welcoming new PR email on 8/5 and nothing after that.

    Man Parag, I remember you and me were struggling together for our biometrics appointment and now, here we are again struggling to get a damn approval email..:)

    Anyways, good luck to all of us here - waiting game never ends!




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  • fromnaija
    11-18 10:17 AM
    Done!




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  • rayoflight
    05-20 11:14 AM
    I just called and spoke with the CR. She told me that she would put me in the queue and to expect the appointment anywhere between 6-8 weeks but nothing happenned on the LUD side online.

    Do I have to call back tommorow again?



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  • aquarian
    11-22 05:51 AM
    ...All The Universe Conspires In Helping You To Achieve It!

    Mehul,

    These words are not trivial. I have personally witnessed and believe an immense power hidden in these words. I with everybody else in this forum really, really want the miracle to happen with you that cures you completely and brings you back to your normal life.

    This is my first post in this forum. Until today I was a bystander on the fence never actually got inspired enough to fight for a cause as trivial as getting a green card. But today I broke the fence and came in. Because never before in my life I have seen such a real courage in a real person. I salute you and wish I can be as courageous as you when life will demand from me.

    Just want to let you know that somebody somewhere dropped a few tears for you and will continue to pray to the power above for your speedy recovery and well being.

    Aquarian




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  • ItIsNotFunny
    09-15 01:02 PM
    you got my support chief

    Come up with the plan commander!



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  • imh1b
    02-04 03:48 PM
    Why is everyone making a big deal about going to India?

    If you want to go , then go.

    Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.


    Let everyone be green and happy.




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  • Hello_Hello
    02-09 09:33 PM
    very childish!!!how old are you ? Terrorists are banned from visiting USA.
    Narenda Modi has been banned from visiting USA.

    You do the reasoning :D



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  • GCStatus
    09-16 02:58 AM
    You may want to follow up with them via a PM or email. Check the IV core link.

    Yep, did already




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  • aquarianf
    04-23 03:39 PM
    This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.

    There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.


    You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )

    Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?


    If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.



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  • kshitijnt
    07-09 02:45 PM
    consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.

    Oh yeah. All big time consulting companies must lay off foreign workers then, myself included. My perm was filed as IT programmer, IT consultants job code. So am I not a full time employee of consulting company? Is USCIS fool to approve my I140? Not once but twice!




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  • dilber
    04-22 04:57 PM
    May Mehul rest in peace.



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  • drirshad
    05-06 01:00 AM
    Chill out guys ..........

    If u r frustrated try Viagra ......

    If u r not frustrated good for u .........

    If u r neither search for the nearest escort service .....




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  • mpadapa
    08-27 10:28 AM
    same with my spouses EAD application. My 485 is pending in NSC. Spouse's EAD pending at TSC, ND July 22 no LUD's yet..
    My spouse's current EAD expires on Sep 26. Hope to get the EAD by then:confused:

    Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.



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  • gc_bucs
    03-28 02:08 PM
    Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.

    One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?

    Again, I appreciate your input immensely. Thanks!

    I landed on March 17, 08 and came back the same day to the US using Automatic Visa Revalidation. I had no questions asked either by Canadian or US authorities. When you land the Canadian authorities will staple a piece of paper to your PP as proof of PR until you get the PR card. While re-entering the US I remove that stapled paper as it was very annoying every time you opened the PP. Nobody will question you just because you have a plan B.




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  • Macaca
    07-10 10:13 AM
    Thanks for posting this link. This is a must read on AOS.

    8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cf90b70814c3464912a08093ce96e 83c)

    This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.

    Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!



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  • pappu
    09-10 12:49 PM
    There is no short cut to get relief. Each one of us needs to spend time, money and effort on a continuous basis for a long term, if we want something to happen. Nothing happens overnight. If your opposition is tough, economy is bad, you have to make more efforts to get things done. Many just come once in a while on IV forums when visa dates are bad, blame IV for doing nothing, give ideas and go away. We have seen it oft repeated after every visa bulletin. Those people who complain have never even tried to become a volunteer and tried doing anything. That needs to stop. If people genuinely want something to happen, each person needs to get active. We have stopped posting much on the open forum for these reasons. Very few show real commitment and sincerity. $25 is the least you can do to show that you are committed to the purpose of this relief and appreciate the hard work of the organization. We are always welcoming anyone who wishes to volunteer and can help implement their ideas. So if you have ideas and can commit your time, skills and energy for it on a continuous basis contact us.

    As a first step do this action item now:
    http://immigrationvoice.org/forum/forum89-news-articles-and-reports/324571-immigration-voice-newsletter-the-future-is-not-in-the-hands-of-fate-but-in-ours.html

    We do not need 10s of people meeting lawmakers. We need thousands in each state. It does not cost any money. Just spend your time and show sincerity for something that will benefit you.




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  • gsc999
    07-07 08:57 PM
    Did this rally on 7th July in San Jose happen? Any updates from folks who were there?
    ---
    Just came back, here is my report:

    - There were five Chinese and seven Indian people at the march. It was small fun group.
    - The group was small but the outcome as you will note from my report below was productive
    - Fighnow, who is the Chinese member of mitbbs.com had initiated this 7th July march. Due to short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
    - Fightnow and his friends were fully prepared with big banners and all, with appropriate slogans
    - In the beginning there was some police presence but they left an hour later, I guess because of a small group
    - We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
    - Luckily a Chinese TV station happened to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
    - The parking is free on weekends.
    ----------------------
    What we need to do is:
    - Organize a bigger march on 14th July
    - Organize a similar event in DC if possible to get more mileage
    - Prepare some banners and placards etc.
    - Bring water, it was warm
    - Have fun
    -----------------
    Let me know if you have any questions or suggestions




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  • rameshms
    05-23 08:55 AM
    I have sent emails as per the clear (thanks) instructions. I have a small suggestion (correction). Instead of ending with "Thanks, .... Your Name", I suggest using "Thank You, ..... Your Name". IMHO, "Thanks" is used among friends and family and "Thank You" would be used for being more formal.

    I know it is a minor detail, but I felt liking speaking what I felt.

    Thank You




    zoooom
    07-20 11:47 AM
    HI Anzerraja,
    Just pm you..reply when u get a chance.




    cram
    06-12 02:13 AM
    I was under the impression that you cannot file before June 1st..

    Fortunately, my PD became current on May 1