GCStatus
09-17 09:15 PM
Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(
Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee
Get a life dude, you werent born thinking america
Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee
Get a life dude, you werent born thinking america
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jonty_11
07-09 06:36 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
ramus
07-02 08:15 PM
Yes it is fine.. Thank you so much..
Please ask others to contribute..
Ramus,
I did that in the afternoon but the GOOGLE status is showing "In Process"
is that okay ? Here are the details :-
Order Details - Jul 2, 2007 2:22 PM EDT
Google Order #669480843461078
Thx,
Diptam
Please ask others to contribute..
Ramus,
I did that in the afternoon but the GOOGLE status is showing "In Process"
is that okay ? Here are the details :-
Order Details - Jul 2, 2007 2:22 PM EDT
Google Order #669480843461078
Thx,
Diptam
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rajuram
11-14 09:33 AM
Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
all I can say is that now most economists say that housing is key to rescuing the economy and faster immigration is key to faster recovery. this is the key point in the present scenario ..people will give scant respect if we try to use other issues -namely by saying that legal immigrants are suffering or US is losing high talent ..they will just say the whole US is suffering - why should we care about yr problems.
but if we push faster immigration of people who are already here legally as a small way to solve the housing crisis then it will definitely stand a chance -
(please note - no distinction between those who are renting and who have a house already - this makes most sense. this is helpful to those who have purchased a house - since getting gC faster means that they have additional peace of mind)
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
all I can say is that now most economists say that housing is key to rescuing the economy and faster immigration is key to faster recovery. this is the key point in the present scenario ..people will give scant respect if we try to use other issues -namely by saying that legal immigrants are suffering or US is losing high talent ..they will just say the whole US is suffering - why should we care about yr problems.
but if we push faster immigration of people who are already here legally as a small way to solve the housing crisis then it will definitely stand a chance -
(please note - no distinction between those who are renting and who have a house already - this makes most sense. this is helpful to those who have purchased a house - since getting gC faster means that they have additional peace of mind)
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retrohatao
02-16 10:11 AM
willgetgc2005,
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
logiclife
03-09 12:09 AM
Many thanks Abha for your contributions.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
more...
RNGC
09-19 04:36 PM
Million thanks to IV's superior organization. I am glad that my friends and I attended this event. It's just a little sad to see the local news channels reported the small protests by illegal immigrants in the Prince William County in MD but not our well-organized rally. Many people passing by us still think we are undocumented. I fully support the ideas from other members that we should highlight "LEGAL" everywhere.
I am suprised too!!! I just saw couple news agencies covering this rally....IV organisers did a great job in pulling this one....
but I am just curious to know why there was very little TV coverage for this event.....
I am suprised too!!! I just saw couple news agencies covering this rally....IV organisers did a great job in pulling this one....
but I am just curious to know why there was very little TV coverage for this event.....
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actaccord
03-14 05:54 PM
/\/\/\/\
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frostrated
08-21 11:20 AM
I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
It is true that when you entered the country, passports were not required of Canadian citizens. But you overlook one aspect. Canadian citizens who are visitors to the United States need to leave at the end of 6 months. Any visitor who stays beyond six months is accuring illegal stay. If you came in 2005, either in late 2005 or early 2006 you started to accure illegal stay. This is not a fault of the USCIS, but yours in not finding out about the rule. Also, A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S. Please refer to Canadian Citizens • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/canadians.asp) for more details on your stay.
As for blaming the USCIS for not notifying you earlier, there are a plethora of applications pending before yours, so it will take time for them to look at your application. The additional forms that USCIS has asked you, were forms that you need to have sent when you applied your I-485. These were all suplments you would have found had you looked up the filing instructions. no I-485 can be approved without those forms. It has been law since the early 1990s when the law was made.
And, since you entered the country to marry your fiance, when that did not happen, you should have left and re-applied through another means. If the people you are looking after cannot afford to pay for your adjustment, and pay you only food and board, they are in fact breaking the law by hiring an illegal alien. Room and food is considered pay as far as USCIS is concerned.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
It is true that when you entered the country, passports were not required of Canadian citizens. But you overlook one aspect. Canadian citizens who are visitors to the United States need to leave at the end of 6 months. Any visitor who stays beyond six months is accuring illegal stay. If you came in 2005, either in late 2005 or early 2006 you started to accure illegal stay. This is not a fault of the USCIS, but yours in not finding out about the rule. Also, A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S. Please refer to Canadian Citizens • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/canadians.asp) for more details on your stay.
As for blaming the USCIS for not notifying you earlier, there are a plethora of applications pending before yours, so it will take time for them to look at your application. The additional forms that USCIS has asked you, were forms that you need to have sent when you applied your I-485. These were all suplments you would have found had you looked up the filing instructions. no I-485 can be approved without those forms. It has been law since the early 1990s when the law was made.
And, since you entered the country to marry your fiance, when that did not happen, you should have left and re-applied through another means. If the people you are looking after cannot afford to pay for your adjustment, and pay you only food and board, they are in fact breaking the law by hiring an illegal alien. Room and food is considered pay as far as USCIS is concerned.
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svr_76
06-10 12:45 PM
I dont want to undermine the need of the hour to contribute to IV/other efforts however-
From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.
This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.
EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.
What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).
From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.
This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.
EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.
What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).
more...
srkamath
06-06 05:03 PM
gcma08,
Congratulations !. what is your priority date, and category?
We got the "card production ordered" emails today. Here are our dates.
Labor Approved: 10/10/2006
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
Congratulations !. what is your priority date, and category?
We got the "card production ordered" emails today. Here are our dates.
Labor Approved: 10/10/2006
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
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logiclife
12-21 10:28 PM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
Hey, take it easy big guy/gal.
You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.
Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.
IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".
Hey, take it easy big guy/gal.
You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.
Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.
IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".
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mbawa2574
02-15 05:30 PM
Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.
Don't tell me that If I come from India, I don't assimilate with the local population. If you support the old colonist and racist mentality , you stand no where. If you are so afraid of competing with Chinese and Indians that you have to refer Black period of American history, then my friend you don't belong on this website. We don't represent any nationality here at IV but there is a good population of Indians and Chinese on this website and you don't wanna offend them with your racism. Again there is freedom of speech but you can take your a$$ to some anti-indian or anti-chinese blog if you want to release your bigotry.
Don't tell me that If I come from India, I don't assimilate with the local population. If you support the old colonist and racist mentality , you stand no where. If you are so afraid of competing with Chinese and Indians that you have to refer Black period of American history, then my friend you don't belong on this website. We don't represent any nationality here at IV but there is a good population of Indians and Chinese on this website and you don't wanna offend them with your racism. Again there is freedom of speech but you can take your a$$ to some anti-indian or anti-chinese blog if you want to release your bigotry.
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pointlesswait
07-28 05:02 PM
DELETED!
I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?
I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?
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Daisy
10-25 02:15 PM
My EB3 India PD: March 2003
June filer
June filer
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GoneSouth
03-07 08:38 AM
Get a new attorney. Seriously.
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bayarea07
08-06 07:46 PM
Read Post above yours and you will have the answer.
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
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addsf345
12-11 07:42 PM
If US does not benefit from giving the visas, are they doing it as a part of social service?
Kavita,
There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.
Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.
Kavita,
There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.
Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.
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maximus777
06-08 06:17 PM
Plain and simple. From now on just imagine that you are working in one of those persian gulf countries - work on a visa as long as you work. This way its less stressful. If you have immigration intent, then enter illegally. :mad:
zeusjerry
04-04 03:25 PM
Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?
Solution is :
1. Reform current H1B procedures so that it cannot be abused.
2. Make H1b cap market based.
3. Reform EB based GC process as suggested by Strive Act..
If only i was president !! :)..
Solution is :
1. Reform current H1B procedures so that it cannot be abused.
2. Make H1b cap market based.
3. Reform EB based GC process as suggested by Strive Act..
If only i was president !! :)..
nixstor
10-16 12:59 PM
U could get notarized at ur local banks or at ur work place if u ahve anyone who has a license
i believe you dont have to put in any recpt # 's just your name...
and also anyone knows the fax #??
Fax number (816) 350-5785
i believe you dont have to put in any recpt # 's just your name...
and also anyone knows the fax #??
Fax number (816) 350-5785
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