Sunday, June 26, 2011

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  • mmanurker
    06-14 10:08 AM
    Done....sent to NJ senators





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  • rayoflight
    02-19 11:29 AM
    SEC. 501. EARNED ACCESS TO LEGALIZATION.

    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink

    ‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

    ‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--

    ‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;

    ‘(2) has at all times been a person of good moral character;

    ‘(3) has never been convicted of a criminal offense in the United States;

    ‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;

    ‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and

    ‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.

    ‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.

    ‘(c) Admissible as Immigrant-

    ‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).

    ‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.

    ‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.

    ‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.

    ‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.

    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:

    ‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.





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  • abhijitp
    07-24 12:51 PM
    It doesn't say that anywhere in the link. The 485 filing instructions clearly state what the initial evidence is.

    There is no doubt the employer letter is required.
    The only question is:
    1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, OR
    2) is it a better idea to submit a new I-485 rightaway along with the letter, OR
    3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened?





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  • abracadabra102
    07-01 04:18 PM
    It is "petition". Thank you.



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  • kondur_007
    04-10 03:44 PM
    Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.

    Now,

    1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?

    2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?

    3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?

    4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf


    Thanks,

    Here is what I think; possible answers/comments. I am not an expert but am thinking following:

    1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.

    2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.

    3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.

    4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".

    The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.





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  • gc_lover
    07-18 11:29 AM
    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.

    I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.

    We will just have to wait and see till our checks get cashed!



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  • kumarc123
    03-12 02:11 PM
    You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.

    No one is accusing IV

    All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.

    However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.

    I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.

    I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.

    Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.


    Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.


    There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.


    Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.


    Thank you





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  • sunnymit
    07-13 03:44 PM
    Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card

    I wouldn't think of not renewing my EAD if I were you. Of course I don't know your case details, but if your EAD is expiring anytime soon, just renew it. Its worth the $380 or so you will have to shell out. Not to dishearten you (or myself) but I know someone who has been waiting to get a GC and he has a PD of Jun 2001. u never know how long it might take...



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  • abd
    09-14 05:00 PM
    Looks like contacting senator/congressman is pissing off the IOs and they are issuing the RFEs. I wish now that I did not do either of these. But unfortunately I did so I guess I need to bear the consequences. So I should just expect RFE now. I know quiet a few people who wrote to Senators and got RFEs. I guess people in Jul/Aug really overwhelmed the TSC with Senator calls and now we have to face their wrath.

    I didn't do anything. I was patiently waiting for my turn. It seems they picked my case for approval and sent RFE because of I-129 revoke which is standard process.





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  • kondur_007
    06-08 07:01 PM
    There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed

    Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!

    coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
    Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.

    Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.



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  • sanjeev_2004
    06-30 09:52 PM
    What exactly are you trying to say?
    You contradict yourself and also make a fool of yourself.

    First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.

    just chill. I just cooked a spicy chicken with red/orange/green peppers.
    Please don't spoil my dinner after going through hell past 2 days.


    Have a nice dinner. I just enjoyed my dinner. But I will send my paper on Monday for sure. I will wait. 4 July is holiday. Friday day of explanations and Saturday is day of having fun. So 9 th is great day for me.

    Have Fun.





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  • thirdworldman
    02-16 07:11 PM
    Thanks for all the compliments folks, I appreciate the encouragement. Soulty, yes, that is the perspective I've been working toward..in fact, I've so far modeled everything around that perspective...i.e. everything looks like crap if viewed at a different angle. I'm open to suggestions though.

    I also agree with what Soulty said about not quitting--especially not on my behalf. This project should be fun, and from what I've learned, every 3d project is a huge learning experience and there are so many directions you could go with it.



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  • Jaime
    09-13 12:03 PM
    I think this is very important, I asked in the past about it but I got no answer.
    It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?

    We need to do this! Any ideas on how to reimburse him? How much would it be? You can PM Core and ask!





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  • gc_lover
    07-18 09:19 AM
    some applications have already been rejected, mostly on July 2nd but a very few.

    Do you know if these applications were send back right away or they are still holding it?

    Where did you get this information, can you please post the source?



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  • vine93
    10-23 06:05 PM
    bump





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  • vin13
    11-11 04:12 PM
    Pappu has already informed that with the limited resources they are not currently considering to actively persue regarding Quarterly Spillover.

    So for now, we need to do what we can by ourselves.



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  • sands_14
    07-18 08:59 AM
    All packets were kept on hold and we should all be ok because they will start sending receipts soon for all complete packages.
    The wait will be long but its good that everyone will enjoy EAD benefits .
    As such,whats the new fees for EAD and AP?





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  • WillIBLucky
    12-31 07:36 PM
    I thought you said you posted in detroit website as well? Have you not? Just an update .. Following in following websites have posted with classifieds.

    I am looking forward to more participation or other ideas from other Members ... or it's better I close this thread :)

    Suggest ,comment or post a classified in a web site you know.

    Following regional web sites have been posted with claissfied. Catch you folks later.

    1)New York
    2)Los Angeles
    3)Chicago .....................www.chicagosamachar.com
    4)Houston
    5)Philadelphia
    6)Phoenix
    7)San Antonio
    8)San Diego ................. www.sasural.com/san_diego
    9)Dallas
    10)San Jose
    11)Detroit
    12)Indianapolis
    13)Jacksonville
    14)San Fransisco
    15)Columbus
    16)Austin
    17)Memphis
    18)Baltimore
    19)Fort Worth
    20)Charlotte
    21)El Paso
    22)Milwaukee
    23)Seattle
    24)Boston ...................... www.aapkamanoranjan.com
    25)Denver
    26)Luisville
    27)Washington
    28)Nashville
    29)Las Vegas
    30)Portland .....................www.eknazar.com
    31)Oklahoma City
    32)Tuscon
    33) Atlanta .....................www.desigate.com,
    34) Kanasas City ..............www.kcdesi.com
    35) St. Louis ...................www.myilaaka.com





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  • reachinus
    02-17 07:07 PM
    I have 16000 us airways miles in 2 accounts.





    BlueSunD
    02-27 09:38 PM
    You�re welcome ;)

    and...can�t wait to see!

    Cheers!





    desi3933
    01-30 02:54 PM
    Ok.......

    So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?

    NO. You are not out of status because of AP entry.


    From what I understood it is ok to not be working while on AOS having entered on AP.

    Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.

    Example

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin