caydee
06-13 10:10 AM
I'm sure something is cooking in the senate cauldron. The CIR will be back and I don't expect these conclaves to result in any radical H1/EB changes.
Like Obelix we will not get any magic portion as we all fell into it when we were born....
Like Obelix we will not get any magic portion as we all fell into it when we were born....
wallpaper Amber Rose shops 16 September
nomi
12-11 03:03 PM
When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.
How can we contact with Department of State about this rule. Can we meet with rule making department or its officers and see what they say about it ??
There should be someway or they are enough rights to change or make new rule. Like they decide everymonth visa numbers ?? what do you guys think ??
thx.
How can we contact with Department of State about this rule. Can we meet with rule making department or its officers and see what they say about it ??
There should be someway or they are enough rights to change or make new rule. Like they decide everymonth visa numbers ?? what do you guys think ??
thx.
stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
2011 Amber Rose was spotted leaving
CADude
11-20 11:51 PM
Good though...
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
more...
53885
08-15 08:51 PM
If people were not busy preparing for Sept 18th DC rally, this thread would have been 20 pages plus, but if you REALLY want to discuss some thing then here it is........
Employment Based (EB) Green Card (GC) Laws
� The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
� Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
� As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
� There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
� So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
� FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
� EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
� The laws need to be changed and the process improved to fix the situation.
What does it mean?
� There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
� Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
� Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
� You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
� If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
� Lobbying is an efficient tool to influence law and rule making.
� IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
� IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
� Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
Your options:
a) Struggle for several years.
b) Leave USA
c) Help yourself by joining IV.
Employment Based (EB) Green Card (GC) Laws
� The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
� Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
� As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
� There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
� So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
� FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
� EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
� The laws need to be changed and the process improved to fix the situation.
What does it mean?
� There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
� Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
� Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
� You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
� If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
� Lobbying is an efficient tool to influence law and rule making.
� IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
� IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
� Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
Your options:
a) Struggle for several years.
b) Leave USA
c) Help yourself by joining IV.
MDix
02-08 03:42 PM
There is always chance of waste of visas, but i guess CIS is doing ok job from last two years.
more...
desi3933
01-31 05:56 PM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
2010 Kanye West#39;#39;s lover Amber Rose
chanduv23
09-10 11:56 AM
Are you guys in jail or something?
Many are : they jailed themsleves inside their closets
Many are : they jailed themsleves inside their closets
more...
jay75
08-15 08:10 PM
Sept Bulletin out - http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
I'm unable to understand well why EB3 is "U". :mad:
Friends, please share your thoughts. Let us discuss.........
I'm unable to understand well why EB3 is "U". :mad:
Friends, please share your thoughts. Let us discuss.........
hair Kanye West amp; Amber Rose
Ramu25
04-26 10:52 PM
Can I apply for the adjustment of status by my self without the H1 - employers Notice.From L1 to H1.
more...
RNGC
09-19 03:48 PM
I checked LIV.org, this domain name is available for sale....we need to see if we can get this.....
hot So sit back, follow Amber Rose
sweet_jungle
03-12 01:08 PM
I am a july 2nd filer and have changed job 2 times in the past one month and I have no intention to let know USCIS because
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
What about the H1? Your sponsoring employer needs to revoke H1. Won't INS come to know through that?
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
What about the H1? Your sponsoring employer needs to revoke H1. Won't INS come to know through that?
more...
house Amber Rose Out Shopping in
pappu
06-11 09:31 AM
We updated the content of this mail today. Please resend if you had sent yesterday.
tattoo Amber Rose re-surfaces.
reddymjm
09-10 01:10 PM
If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
There are 34k pending EB3 I and C till 2007. As per the quarterly quota both I and C get 750 a quarter which should place EB2 I and C in pending status. Coming to the last quarter yes they can Put all Current. Its all USCIS anything can happen.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
There are 34k pending EB3 I and C till 2007. As per the quarterly quota both I and C get 750 a quarter which should place EB2 I and C in pending status. Coming to the last quarter yes they can Put all Current. Its all USCIS anything can happen.
more...
pictures amber rose long hair. amber
tjayant
11-20 07:08 PM
Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.
dresses 4 Extravagant Amber Rose (6
.jpg "Kanye West and Amber Rose at")
bigboy007
06-11 12:20 PM
Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?
So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
more...
makeup his girlfriend Amber Rose
gc_on_demand
11-14 04:31 PM
bump
girlfriend Amber Rose
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.
hairstyles Amber Rose Wears A Bathing
retrohatao
02-03 09:40 AM
I have not heard from any of the moderators/forum organizers on this. Does that mean immigrationvoice is NOT FOR "name check" affected immigrants?
Jaime
09-10 04:23 PM
Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!
msgrewal81
02-19 03:08 PM
:D No more arguing by me :D
No comments:
Post a Comment