akhilmahajan
02-10 11:56 AM
bump.............
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morchu
05-04 09:54 PM
See the post of "vbkris77".
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
TheOmbudsman
06-20 11:15 AM
It was expected that a pro illegal immigration leglistation would not pass this year. That is not my major concern. My concern is that if most pro amnesty/CIR incumbents get replaced coming November based on their immigration records, that will make passage of future pro immigration bills even harder. I believe that the fight to attach the illegal alien cause to the legal one may be around for a while. I am afraid that this cycle of defeats may be extended for few more rounds until a bill is passed or people give up from mixing legal and illegal cause. There is no sign yet that major lobbysts - AILA, etc - are giving up from the idea of attaching illegal and legal alien cause. By the way, according to numbersusa.com, AILA drafted most of the McCain/Kennedy amnesty bill. Mind you.
I heard Sen. King and others saying that the enforcement should be increased. Only 3-5 years later a bill should be discussed to see what to do with the illegal folks who are left here.
Yes, someday it will pass. Is it going to be too late for me though ?
Thanks for the update. Beginning from S. 1932 last year, we have been riding an extremely rough roller coaster. We are all sick of politics. I personally feel nothing much might be accomplished this year. A lot is at stake for politicians if they take any position. Thus dragging the issue and dealing with it next year seems to be their only option. It is a bad sign for lots of legal immigrants who have been anxiously waiting all this while. If at all anything can happen, it will only be due to initiative from the President. Or if President signs a emergency bill giving relief to outstanding, highly educated people who have been in line. This option maybe a daydream but will keep us optimistic until November this year. Sorry for sounding pessimistic.
I heard Sen. King and others saying that the enforcement should be increased. Only 3-5 years later a bill should be discussed to see what to do with the illegal folks who are left here.
Yes, someday it will pass. Is it going to be too late for me though ?
Thanks for the update. Beginning from S. 1932 last year, we have been riding an extremely rough roller coaster. We are all sick of politics. I personally feel nothing much might be accomplished this year. A lot is at stake for politicians if they take any position. Thus dragging the issue and dealing with it next year seems to be their only option. It is a bad sign for lots of legal immigrants who have been anxiously waiting all this while. If at all anything can happen, it will only be due to initiative from the President. Or if President signs a emergency bill giving relief to outstanding, highly educated people who have been in line. This option maybe a daydream but will keep us optimistic until November this year. Sorry for sounding pessimistic.
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eastindia
09-27 12:50 PM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D
more...
kittu1991
05-01 03:17 PM
Wow..... Now there is a new thread for donors only to discuss the same thing. If you want to discuss further donate and be a donor.
diptam
07-06 12:53 PM
Did you read this post ?
http://immigrationvoice.org/forum/showthread.php?t=6053
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
http://immigrationvoice.org/forum/showthread.php?t=6053
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
more...
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.
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.
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hsingh82
02-25 06:31 PM
$25 sent by online check.
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anilsal
12-11 08:00 AM
Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
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glus
05-24 09:04 AM
Yesterday I faxed all the senators from the list, today I e-mailed them and will be calling them shortly. I will update about each phone call I had made.
G
G
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shreekhand
02-02 02:25 PM
Well, I kind of expected a response to my kind of personal remark in the earlier part of the post than what I wrote later in the message... never mind, that's the human mind.
Don't know about you but I for sure don't rely on just conversing with NGO's or reading news about "atrocities", but actually have involved myself in traveling, teaching and helping institute schools in tribal areas of Jharkhand (Ghatsila-Singhbum), where education had never even reached. The sparkle in their eyes, hospitality and values beats what we find urbanized and modernized world (had the same experience when I visited central Cambodia last month). I also see that casteism is not the same all over in India (a lot less in the west (when I was in Nanded district in Maharashtra) than the north and parts of south) and that it is rapidly changing (compare the caste discrimination 70 years ago with that today, even my active 85 year grandma who has traveled a lot in India, couldn't resist expressing her positive wonderment). The caste discrimination is severe no doubt in certain parts, nor am I trying to water down your experiences - but remember making a blanket statement for 1.2 Billion people demands a lot of explanation!
There is difference working on the ground to make a transformation and witness it from a holistic sense than having a 5 feet level view. Hope you don't take anything personally... but maybe just grasp the gist of my experiences/thoughts.
Really apologize if I hijacked the thread in anyway!
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
Don't know about you but I for sure don't rely on just conversing with NGO's or reading news about "atrocities", but actually have involved myself in traveling, teaching and helping institute schools in tribal areas of Jharkhand (Ghatsila-Singhbum), where education had never even reached. The sparkle in their eyes, hospitality and values beats what we find urbanized and modernized world (had the same experience when I visited central Cambodia last month). I also see that casteism is not the same all over in India (a lot less in the west (when I was in Nanded district in Maharashtra) than the north and parts of south) and that it is rapidly changing (compare the caste discrimination 70 years ago with that today, even my active 85 year grandma who has traveled a lot in India, couldn't resist expressing her positive wonderment). The caste discrimination is severe no doubt in certain parts, nor am I trying to water down your experiences - but remember making a blanket statement for 1.2 Billion people demands a lot of explanation!
There is difference working on the ground to make a transformation and witness it from a holistic sense than having a 5 feet level view. Hope you don't take anything personally... but maybe just grasp the gist of my experiences/thoughts.
Really apologize if I hijacked the thread in anyway!
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
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rc0878
08-29 04:25 PM
I know man....i called them today and refered to their latest update ....and they bluntly ask to wait for atleast 90 days before they can provide any info...
There are 1000s waiting for receipts , filed before July 24th . Hope someone apprises USCIS that people are aware of it & they cannot fool millions just by a silly update (who is asking for it anyways!)!
Applied to NSC on 18th July and received on 19th by F.HAUINER (has anyone received application by this person.. asking just to check if mine reached the right place)
Receipts : Not Yet
PD : Feb 2003
There are 1000s waiting for receipts , filed before July 24th . Hope someone apprises USCIS that people are aware of it & they cannot fool millions just by a silly update (who is asking for it anyways!)!
Applied to NSC on 18th July and received on 19th by F.HAUINER (has anyone received application by this person.. asking just to check if mine reached the right place)
Receipts : Not Yet
PD : Feb 2003
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jung.lee
03-25 05:08 PM
You will get it this Calendar Year. Trust me.
Basis for this "trust", please?
Basis for this "trust", please?
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pbuckeye
11-17 05:06 PM
Done.
Message sent to:
Senator Sherrod Brown (D-OH)
Senator George V. Voinovich (R-OH)
Representative Patrick J. Tiberi (R-OH 12th)
I think the Republicans on that list are somewhat supportive anyway.
Message sent to:
Senator Sherrod Brown (D-OH)
Senator George V. Voinovich (R-OH)
Representative Patrick J. Tiberi (R-OH 12th)
I think the Republicans on that list are somewhat supportive anyway.
more...
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sunnysharma
06-11 10:21 PM
this up, You should be able to see LIN/WAC numbers clearly..
All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.
Do you know how long for receipt letter?
Thanks.
All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.
Do you know how long for receipt letter?
Thanks.
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desi3933
06-28 10:11 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
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bvibhu
07-19 09:43 PM
Count me in...
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knnmbd
05-05 10:00 AM
Today I spoke to a Representative who deals with immigration issue at Sen Mike Dewine's (R-OH) office. I spoke to him for 15 minutes to understand what he and his senator think about this CIR.
Here is he and his senator feels about this bill. It is difficult for him to say that when CIR bill will be introduced in senate floor . It depend on Majority and Minority leaders to decide. Majority leader told to the media that he will introduce before the end of the may, he is mostly consistent, but there are several bills where he has committed a timeline and till today it is not on the floor.
However he told that once CIR pass, legal immigration is already taken care of, but if it does not passes there are bills like SKIL which will be put before the floor. But CIR has to fail or pass before you see this SKILL bill on the floor.
Great to hear you spoke to the senator and the feedback you got from him is very engouraging.
Here is he and his senator feels about this bill. It is difficult for him to say that when CIR bill will be introduced in senate floor . It depend on Majority and Minority leaders to decide. Majority leader told to the media that he will introduce before the end of the may, he is mostly consistent, but there are several bills where he has committed a timeline and till today it is not on the floor.
However he told that once CIR pass, legal immigration is already taken care of, but if it does not passes there are bills like SKIL which will be put before the floor. But CIR has to fail or pass before you see this SKILL bill on the floor.
Great to hear you spoke to the senator and the feedback you got from him is very engouraging.
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mpadapa
08-18 04:16 PM
8 pages of little substance..:D
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
heathere3
09-04 10:05 AM
I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
desi3933
08-18 01:53 PM
Here is an old post from SunnySurya
The moment I get sufficient number of people I am going all out.
But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.
Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.
This goes on to show there is no community. If there is not community then I have to look after my interest.
GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)
What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)
Good Luck, my friend.
The moment I get sufficient number of people I am going all out.
But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.
Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.
This goes on to show there is no community. If there is not community then I have to look after my interest.
GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)
What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)
Good Luck, my friend.
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