"Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
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The Monthly newsletter that IV sent out may not be enough.....some people do not even read that...Subject line may have to be more urgent.....so that people take notice of the dire situation we are in in terms of funds....
Can IV Core send email to every member to contribute one time or recurring...in a separate email
Can IV Core send email to every member to contribute one time or recurring...in a separate email
My status changed yesterday night 8.45 (odd time) , to Evidence review. Keeping fingers crossed.
May be approval is few hours away for you.
May be approval is few hours away for you.
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I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Persistence, patience, hard work, financial support, timing and combined efforts with one voice representing us will pay off! Lets all do our part. I feel I don't have skills to be in the front, taking initiatives, talking to people, volunteering my time. We must salute all that IV is doing, whatever little we can, we should support to make those efforts multiple folds. If we don't believe in the cause or the people, we fail. If you read a few threads closely you will find out, IV cannot publicly post all the efforts or progress being made, you cannot publish a game plan that everyone can read and groups working against IV can muscle in their amendments. I totally understand doubts when the going gets tough, but hangin there and all of us do our part, not just the money alone! IF you have the skills to volunteer and organize things, contact the core group too, everything they can get is valuable.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Persistence, patience, hard work, financial support, timing and combined efforts with one voice representing us will pay off! Lets all do our part. I feel I don't have skills to be in the front, taking initiatives, talking to people, volunteering my time. We must salute all that IV is doing, whatever little we can, we should support to make those efforts multiple folds. If we don't believe in the cause or the people, we fail. If you read a few threads closely you will find out, IV cannot publicly post all the efforts or progress being made, you cannot publish a game plan that everyone can read and groups working against IV can muscle in their amendments. I totally understand doubts when the going gets tough, but hangin there and all of us do our part, not just the money alone! IF you have the skills to volunteer and organize things, contact the core group too, everything they can get is valuable.
You honestly believe that our problems are comprable to the suffering that the real victims of ethnic cleansing go through?
Why do you want to delete this thread? This is true. The witch hunt has started. Why be scared to say the truth?
.
Why do you want to delete this thread? This is true. The witch hunt has started. Why be scared to say the truth?
.
"All men dream but not equally.
Those who dream by night in the dusty recesses of their minds wake in the day to find that it was vanity; but the dreamers of the day are dangerous men, for they may act their dream with open eyes to make it possible."
- T.E. Lawrence
Don't we all dream of getting a GC???
What is stopping you from to DC???
Come & join hands & lets be heard!!!!
Go IV!!!
Those who dream by night in the dusty recesses of their minds wake in the day to find that it was vanity; but the dreamers of the day are dangerous men, for they may act their dream with open eyes to make it possible."
- T.E. Lawrence
Don't we all dream of getting a GC???
What is stopping you from to DC???
Come & join hands & lets be heard!!!!
Go IV!!!
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Canuck,
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.
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I do not believe that one person (Pappu) should be held responsible for whatever going on You should not blame Pappu alone.
However, I agree that donor forum proved to be disastrous and driving people away from IV. Someone in core team should do analysis on how much it helped the IV cause and whether it should exist going forward. Lack of transparency is clearly hurting IV cause.
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
However, I agree that donor forum proved to be disastrous and driving people away from IV. Someone in core team should do analysis on how much it helped the IV cause and whether it should exist going forward. Lack of transparency is clearly hurting IV cause.
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
I think movement in EB-3 for India nad Chine will be difficult, as most of the folks from ROW apply under EB3 and most of the applicants in EB2 are from India and Chine?
As a result EB-3 quota is used up easily and the per country limits apply for Indians and Chinese. Where as for EB-2, the per country limits do not apply as the ROW applicants are not that many.
As a result EB-3 quota is used up easily and the per country limits apply for Indians and Chinese. Where as for EB-2, the per country limits do not apply as the ROW applicants are not that many.
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Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Thank you.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Thank you.
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this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.
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newbee7 is right.
Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !
Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.
Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.
Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.
Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.
Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !
Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.
Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.
Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.
Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.
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Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
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Hi All,
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
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Same thing happened to me, was driving on Adirondocks and there was a border post 100 miles well within the border. The border security agents asked us for passports and we did not have , all we had was our driver lisences and they did not want to accept it. They took us aside and we waited for 15 min, they verified us in their system and for some reason my info was old whereas my wife's was latest , then they asked me who my employer is and searched and found my latest info, they gave me a printout of the law that states that all non US citizens must carry passports and immigration documents all times and if we don't do it, we can be sentenced to jail or a $100 fine.
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I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.
Well said, people should exercise restraint while following freedom of speech since it can hurt sentiments.
When someone drew nu** pictures of Hindu Gods and Goddesses, all these so called pseudosecularists cite some 16th century sculpture and say that it has always been like that. Someone sculpted something which was wrong and now some people allow another wrong citing the previous wrong. 2 wrongs won�t make a right.
The post previous to yours asks people who are complaining to take their complaints to RSS and BJP. Why?. So that they can call them fundamentalists later?. This is heights of hypocrisy.
Well said, people should exercise restraint while following freedom of speech since it can hurt sentiments.
When someone drew nu** pictures of Hindu Gods and Goddesses, all these so called pseudosecularists cite some 16th century sculpture and say that it has always been like that. Someone sculpted something which was wrong and now some people allow another wrong citing the previous wrong. 2 wrongs won�t make a right.
The post previous to yours asks people who are complaining to take their complaints to RSS and BJP. Why?. So that they can call them fundamentalists later?. This is heights of hypocrisy.
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[QUOTE=nixstor]Excellent analysis but it does have flaws
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.
Renewing the call to folks from North California to go attend the Advocacy Days (all 4 days). Others in North California may be able to help you with airfare, etc. (Check the yahoogroup for more details)
Still looking for someone from North California to take advantage of this!
Still looking for someone from North California to take advantage of this!
