desi485
03-17 07:26 PM
Which part says that you are not eligible? Please elaborate.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
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nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
Mayday
05-09 11:41 PM
btw, I found the law:
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
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amits
07-19 12:25 AM
Thank you for contribution, friend!!
Paid one time of Payment of $100 through Paypal (confirmation Number: 46W44575JB938171V), more to come.
Thanks to IV Team:)
Paid one time of Payment of $100 through Paypal (confirmation Number: 46W44575JB938171V), more to come.
Thanks to IV Team:)
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mohanty99
07-17 11:13 PM
Given That All Dates Are Now Current And There Will Be Hundreds Of I-485 Filings By August 17, Will The Uscis Process Them In Order Of The Original Labor Cert Priority Date Or The Date Of Receipt Of The I-485 Filing Itself?
nogc_noproblem
05-01 10:24 AM
Somebody tried to approve or disapprove your message but he/she already got exhausted. They might be in spraying spree earlier in giving Red and Green dots to others and currently don�t have enough �credit� to approve or disapprove other�s message.
I have some black dots in my Control Panel? What is the meaning of a black dot?
And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?
I have some black dots in my Control Panel? What is the meaning of a black dot?
And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?
more...
svr_76
09-15 06:29 PM
GCTest: Is it also possible, as part of ur consultation, to see if once a person files in EB category he should NOT be allowed to marry citizen or person from current countries and thus be able to use FB etc...or other means... Or is your irritation only for EB2 category?
Comon ppl show your talent, earn a phd and get NIW...EB1 is current :-) I will try and move up the chain. Complete my master and get to EB2 and then further complete thersis and try a NIW. That will be a worthwhile fight not what is going on.
Comon ppl show your talent, earn a phd and get NIW...EB1 is current :-) I will try and move up the chain. Complete my master and get to EB2 and then further complete thersis and try a NIW. That will be a worthwhile fight not what is going on.
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kshitijnt
04-30 01:53 PM
04/30/2008: Petitions & Applications Pending as of March 31, 2008 - USCIS
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
They need 10 months to process 146K I-140s but just 3 months for 765s. Ridiculous people.
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
They need 10 months to process 146K I-140s but just 3 months for 765s. Ridiculous people.
more...
inskrish
08-17 03:12 AM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
For Disclaimers: on step (1), x is also a random number, and the coin used on step (4) by USCIS may sometimes have neither tail nor head..:D
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
For Disclaimers: on step (1), x is also a random number, and the coin used on step (4) by USCIS may sometimes have neither tail nor head..:D
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godbless
07-20 10:57 AM
so inline Nay
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qualified_trash
08-08 02:15 PM
and in some cases as long as 20-25 years, before he or she can even get a Green Card,
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
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braindrain
07-15 05:11 PM
Mailed Cheque for $10
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desi485
11-19 03:29 PM
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
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mbawa2574
07-07 07:47 PM
Can Patton Boggs do better? Haven't we had more legislative success, I mean traction, when we partnered with Quinn Gillespie? Are we receiving sound advice on which of our grievances require legislative action and which ones can be redressed by a mere change in policy on the part of the executive? It looks like most of our current problems were not ushered in by any new law, but rather by a stroke of a pen in a memo by the incompetent and indifferent INS, USCIS, DOL and the State Department. No change in law was needed to make then deny us concurrent filing in Oct 2005 and allow it in July 2007. No change in law was required to deny us visa revalidation. One could argue that no change in law is required to belatedly use unused visas from the previous years. The list goes on. It should be easier to lobby a handful of buffoons in the executive branch with real power than 500+ buffoons on Capitol Hill. Has Patton Boggs served us well?
We are hitting the wrong doors. We are not doing anything which gives us some visibility with media and politicians or administration. Time is running out guys
We are hitting the wrong doors. We are not doing anything which gives us some visibility with media and politicians or administration. Time is running out guys
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Keeme
03-06 04:52 PM
Congrats everyone getting soft LUDs
Don't waste your energy ! You have long way to go !
Don't waste your energy ! You have long way to go !
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NolaIndian32
05-24 04:49 PM
Please contribute IVians. We need your support to lobby for the current bills which have been introduced.
My perspective on contributing to IV, is that I would gladly contribute $100 if there was a chance that I can get my gc a few months faster because of the efforts of IV.
Got GC Stress??
Contribute To IV Today!!
My perspective on contributing to IV, is that I would gladly contribute $100 if there was a chance that I can get my gc a few months faster because of the efforts of IV.
Got GC Stress??
Contribute To IV Today!!
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rajuseattle
03-07 02:08 AM
Usually shusterman.com is very reliable source for the immigration related news, but i still cant believe that Shusterman received call from Hillary Cinton (Secretory of State). Shusterman is the ex-USCIS (legacy INS) attorney, but that doesnt mean he knows Hillary Clinton personally...unless he is her campaign chair or so in California while she was running against Obama in the Democratic primary race for the US president.
So either this is his plot to garner more subscribers for his website or some kind of news thro' AILA ,but he mentions it as a news from Hillary.
If this information stands true then EB3-I will be U for rest of the year.
It looks like majority of skilled indians who were in the US around April 2001 end up using the 245(i) provision and use the Bush amnesty. Else their is no other logic that the dates are not moving further to OCt 2001 for EB3-India.
Another reason could be the flood of H1Bs during the period of 2001 to 2004, labor substitution practices allowed until the July 2007.
Most of those labors came out of backlong centre prior to July 2007 and folks were able to file their I-140 and I-485 concurrent during July 2007 visagate.
Labor certification was pending 4 years in BeC and now who knows how many more years in the PD retrogression. Due to current economic conditions, dont see any ray of hope to change the plight of EB-3 india.
Obama gave some hopes during his campaign, but looks like politicians surrounding him will not let him do anything good for legal immigrants. I hope he take some positive action on the comments we made on his website when he seek public opinion/ideas on how to deal with the broken legal immigration system
So either this is his plot to garner more subscribers for his website or some kind of news thro' AILA ,but he mentions it as a news from Hillary.
If this information stands true then EB3-I will be U for rest of the year.
It looks like majority of skilled indians who were in the US around April 2001 end up using the 245(i) provision and use the Bush amnesty. Else their is no other logic that the dates are not moving further to OCt 2001 for EB3-India.
Another reason could be the flood of H1Bs during the period of 2001 to 2004, labor substitution practices allowed until the July 2007.
Most of those labors came out of backlong centre prior to July 2007 and folks were able to file their I-140 and I-485 concurrent during July 2007 visagate.
Labor certification was pending 4 years in BeC and now who knows how many more years in the PD retrogression. Due to current economic conditions, dont see any ray of hope to change the plight of EB-3 india.
Obama gave some hopes during his campaign, but looks like politicians surrounding him will not let him do anything good for legal immigrants. I hope he take some positive action on the comments we made on his website when he seek public opinion/ideas on how to deal with the broken legal immigration system
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jimytomy
05-24 09:56 AM
Contributed $100 . Good way to start long weekend !
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
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gcisadawg
02-09 10:05 AM
This, effectively, means that if the girl stops earning for any reason such as pregnancy or is unable to earn, she immediately forfeits the right to send money to her parents. This is the most illogical statement I have ever heard.
And it also means that for any reason, if a girl remains a house wife, she has no right to send any money to the parents like you, as the earning member, do.
This is the very strange attitude that may get a marriage in trouble.
Did I even say husband shouldn't send money to his parents from his earnings?
But shouldn't that be also need-based? How come it is the right of the husband to send any amount of money he wants to his parents without the wife complaining and how come it becomes a case of "taking for granted" when a non-earning wife wants to send money to her folks in need? This is a hypothetical situation and nothing to do with OP's case.
And then how is it we, husbands, are the first ones to start complaining when our wives don't get a share of our in-laws property following their demise?
And tell me then, following a divorce why are there laws which require you to split your net worth evenly with your non-working ex-wife? Is that acceptable to you then or you want to put forth an argument that "hey, we don't have a child and she is no longer my wife and so I am not obligated to give her a dime"
My stand is based on the premise that a man is financially responsible for his wife and his kids and not to wife's parents! The point I was making is about a completely non working spouse. It is not about a wife that leaves workforce for medical reason temporarily.
Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!
If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!
A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!
And it also means that for any reason, if a girl remains a house wife, she has no right to send any money to the parents like you, as the earning member, do.
This is the very strange attitude that may get a marriage in trouble.
Did I even say husband shouldn't send money to his parents from his earnings?
But shouldn't that be also need-based? How come it is the right of the husband to send any amount of money he wants to his parents without the wife complaining and how come it becomes a case of "taking for granted" when a non-earning wife wants to send money to her folks in need? This is a hypothetical situation and nothing to do with OP's case.
And then how is it we, husbands, are the first ones to start complaining when our wives don't get a share of our in-laws property following their demise?
And tell me then, following a divorce why are there laws which require you to split your net worth evenly with your non-working ex-wife? Is that acceptable to you then or you want to put forth an argument that "hey, we don't have a child and she is no longer my wife and so I am not obligated to give her a dime"
My stand is based on the premise that a man is financially responsible for his wife and his kids and not to wife's parents! The point I was making is about a completely non working spouse. It is not about a wife that leaves workforce for medical reason temporarily.
Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!
If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!
A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!
h1b_professional
07-20 10:19 AM
Should we send emails to our Senators requesting them to vote for SKIL bill
Email campaign may be
Email campaign may be
IVFOREVER
04-30 03:14 PM
Mr.King is a mouth piece for some (NUmbersUSa......) with out any knowledge on issues....
What do you expect from MR.King?
What do you expect from MR.King?
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