Wednesday, June 22, 2011

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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





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  • kishcaro
    07-13 01:21 PM
    This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.

    First of all what is in place????

    What do u know about murthy? She is a founder of a reputed immigration Law firm and she needs to do think before she speaks. Maybe she took all the time in doing the ground work which she had mentioned in her letter. Think in a positive way. Sending bunch of flowers and getting the media attention does not solve the problem. There should be some one who can speak directly to the concerned persons and that is what sheela murthy is doing. Let her make her efforts.

    Sorry this is not to offend any one, just my view.





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  • nojoke
    09-19 03:05 PM
    The problems will always be there, if you do not have the same problems tomorrow, there will be new ones. Do we really want to talk of all the problems in this world?...

    The weather outside is good, the sky is bright and clear, there is plenty of sunshine with some chill in the air, soon there will be fall colors, then we will have Christmas and new year, the house market will improve, my son will start speaking his first words…dude, if you look around there are lot of small things that can make you happy.

    As if waiting for GC is not problematic enough, we have to put up with your “sky will fall” predictions.….

    If you don't want to hear the problems, you don't have to read these posts. Why do you insist that I stop posting, since you don't like it. :confused:
    Since you think this is all my prediction - Today from washington post
    ----------------------------------------------------------------------
    Citing Grave Financial Threats, Officials Ready Massive Rescue

    Paulson and Bernanke presented a "chilling" picture of the state of the financial system, according to a participant in the meeting who spoke on condition of anonymity. Lawmakers were told that the consequences would be grave if they failed to pass legislation by the end of next week. Sen. Harry Reid (D-Nev.) and Rep. Nancy Pelosi (D-Calif.) committed to meeting that deadline.
    ....
    Now the government is contemplating its broadest -- and perhaps most expensive -- intervention to date.
    The urgency has only grown with each successive intervention because the first three tries have not worked. People are withdrawing money from money-market mutual funds. Banks are refusing to lend to one another. Several large financial companies need money to stay in business, including the bank Washington Mutual, which is seeking a buyer.

    http://www.washingtonpost.com/wp-dyn/content/article/2008/09/18/AR2008091804200.html?hpid=topnews

    And from NYtimes
    -----------------------------------------------------------------------
    WASHINGTON — It was a room full of people who rarely hold their tongues. But as the Fed chairman, Ben S. Bernanke, laid out the potentially devastating ramifications of the financial crisis before congressional leaders on Thursday night, there was a stunned silence at first.

    Mr. Bernanke and Treasury Secretary Henry M. Paulson Jr. had made an urgent and unusual evening visit to Capitol Hill, and they were gathered around a conference table in the offices of House Speaker Nancy Pelosi.

    “When you listened to him describe it you gulped," said Senator Charles E. Schumer, Democrat of New York.

    As Senator Christopher J. Dodd, Democrat of Connecticut and chairman of the Banking, Housing and Urban Affairs Committee, put it Friday morning on the ABC program “Good Morning America”: “The congressional leaders were told “that we’re literally maybe days away from a complete meltdown of our financial system, with all the implications here at home and globally.”

    Mr. Schumer added, “History was sort of hanging over it, like this was a moment.”

    When Mr. Schumer described the meeting as “somber,” Mr. Dodd cut in. “Somber doesn’t begin to justify the words,” he said. “We have never heard language like this.”

    “What you heard last evening,” he added, “is one of those rare moments, certainly rare in my experience here, is Democrats and Republicans deciding we need to work together quickly.”

    Although Mr. Schumer, Mr. Dodd and other participants declined to repeat precisely what they were told by Mr. Bernanke and Mr. Paulson, they said the two men described the financial system as effectively bound in a knot that was being pulled tighter and tighter by the day.

    “You have the credit lines in America, which are the lifeblood of the economy, frozen.” Mr. Schumer said. “That hasn’t happened before. It’s a brave new world. You are in uncharted territory, but the one thing you do know is you can’t leave them frozen or the economy will just head south at a rapid rate.”

    As he spoke, Mr. Schumer swooped his hand, to make the gesture of a plummeting bird. “You know we’d be lucky ...” he said as his voice trailed off. “Well, I’ll leave it at that.”

    As officials at the Treasury Department raced on Friday to draft legislative language for an ambitious plan for the government to buy billions of dollars of illiquid debt from ailing American financial institutions, legislators on Capitol Hill said they planned to work through the weekend reviewing the proposal and making efforts to bring a package of measures to the floor of the House and Senate by the end of next week.





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  • ronhira
    02-08 08:33 PM
    Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.

    agree 100%



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  • moonrah
    07-02 10:23 PM
    I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!

    Whatever you are saying is true for Family based categories. Employement category is defined to have skilled immigrants to help US businesses, that is why it is called employment based category. Let me explain you what you are saying. You are saying that I will ask compnay A to wait for five years to give promotion to person X, because quotas for his country are not available, and until he gets his green card he can not get promotion, instead give promotion to person Y which is less qualified but can get green card next month since his country has quotas available. Now does it make sense for company A to give promotion to less qualified person just because person X can not get his green card? Company won't do that and will end up sponsoring another qualified person. Or let me explain you in different way. If certain company has need for specific skill for long term and provided that there are not enough citizens to do that job, in this case company has to sponsor an immigrant, but since the requirement is for long term, company doesn't want him to be on immigrant visa for long term because sponsoring immigrant visa means money and more liability. In this case, even though company has much better match from a country whose immigrant visa are not available for many years, company might end up taking immigrant who is less qualified for the job. And company might say that, we can not take you since you won't be able to get green card for many years. If company does that then it would be an discrimination, but company doesn't have any choice.

    Initially, it would have been good idea to have country limits because nobody was anticipating this kind of backlogs. But in current situation it doesn't make sense to keep it like that way. Goverment understands it, but they don't want to do anything because this has become political issue because of groups which represent illegal immigrants. With time goverment and companies have to be practicle and change policies or laws. This has been happening and it should happen, particularly when it doesn't make sense. For goverment diversity is important but for company getting job done is more important. And primary purpose of EB category is to get things done.





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  • kvrr
    01-16 05:42 AM
    Signed up for $100/month recurring payment. Thanks for setting this up.



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  • battineni
    08-10 02:23 PM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile


    I'm with you...!!





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  • gc_lover
    07-18 08:34 AM
    Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..

    I will call USCIS next monday if I dont hear anything before then..

    I read in one of the other thread that, a lawyer said, it might take couple of weeks to generate receipt numbers for early July filers. They are almost done with receipt number for June filers and will start with July filers.



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  • needhelp!
    09-26 12:31 PM
    What paragraph ? what is the update in the CNN link ? i don't see any, every where its h1B..can somebody pl. help..

    Original text:

    "Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
    The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "


    Updated text:

    Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. The lags make it difficult for businesses in fields such as engineering and software development to secure and keep foreign skilled labor in the country, they say.
    But I agree with you that everywhere it is H1, so it is hard to notice that rally was NOT about H1.





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  • rbms
    11-01 01:28 AM
    Nrc2008063600



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  • singhsa3
    02-21 01:59 PM
    EB1 quota 40K a year..





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  • diptam
    06-30 06:57 PM
    Sounds like a plan - let us know what's the next step.

    I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )

    Thanks again for your leadership.

    Diptam



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  • mnq1979
    08-21 09:46 AM
    Well consult a attorney and discuss with him. Your case looks complicated to me, i would suggest you to get a good attorney to sort this mess.





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  • pappu
    02-01 10:17 AM
    Thank you for registering with Immigration Voice for the advocacy efforts in Washington DC. Your participation in such efforts will help tremendously in bringing about the positive changes we seek.

    Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.

    The conference call in number and details cannot be made public.
    Thank you.



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  • 485Mbe4001
    09-10 04:14 PM
    i guess they were very happy that they discussed the horse issue and they decided to take a well deserved break...as for 5882 who cares, as one poster mentioned, the horses are US citizens and they support the economy by eating grass. Republicans are happy because legal horses will be eating legal grass as opposed to illegals cutting and shipping grass to the horses. Democrats will be happy because the horses are well looked after.

    ... i am just venting but i think this is a sign of the times we live in :D .To the folks who say that everything will be ok with the new Prez comes, remember the congress will mostly stay the same.

    ya ... at least one issue will be closed by them ... hopefully they discuss our bill today ...





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  • kk_kk
    06-10 04:53 PM
    Sent



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  • sapota
    08-15 04:55 PM
    Surprised by visa bulletin mentioning cutoff dates for EB1, EB2 & EB3 ROW & philipines instead of U.

    Does this mean EB1, EB2 & EB3 ROW cases are not backlogged ? (i.e USCIS approved all it could on July1st 2007 but still visa numbers left?)

    Or were these cases waiting for FBI check so could not use up visa numbers??

    Either way, in a month or so (after all July VB cases are entered into database, USCIS would know its true backlog). Wish it would announce such a backlog number and make realistic predictions for when cases will be approved.

    Given the recent announcement from whitehouse regarding expedited FBI checks, maybe there is some light at the end of the tunnel.

    But hey, lets keep pushing, we dont want hope to be a mirage do we.





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  • wizpal
    08-15 09:52 PM
    Guys,

    Dont get too excited..All the statistics are pointing to a painful wait if your PD is 2004 or later for EB3 and 2005 or later for EB2. I have been in this mess for enough time(5+ years). July 2 fiasco(Flower compaign, San Jose rally, and class action suit) did wonders for us. Our issues got a lot of attention with some prominent congressman(Zoe, Cornyn, Spector, etc..). and media.

    I have a hunch..if the turnout for DC rally(SEP 18) is huge, we could get a lot more attention from congress and we may get some immediate relief. We have the momentum. Keep up the spirit and show up in huge numbers. Lest..believe me, u r in for a long wait and uncertainities like tracking receipts, name check, h1/EAD renewals and so on
    --------------------------------------
    Be the change u want to see in this world.. Mahatma Gandhi.





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  • rockstart
    07-16 08:46 AM
    I hope some lawyer on this forum or on their respective websites can answer this question I think most folks have given their FP's only once some where from Oct - Dec 2007 time frame and USCIS said they do not need more FP's for most cases since they now have the ability to reuse the FP's. My guess is unless you have a criminal record of some kind or perhaps your name appears in the POI list they do not call you for FP again perhaps some random cases as part of Quality checks might be included but thats it.

    Does any one remember any statements made by the Ombudsman about preadjudication?





    ajay
    12-08 04:57 PM
    I also got a response with some number. I don't know how much of it is going to help us in knowing the situation.





    widad2020
    01-16 04:37 PM
    Good one man. I can see myself while reading your story.