stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
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shantak
03-17 11:24 AM
PD: March 2005
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
senthil1
06-12 10:03 PM
Yes that is true. Impact for US companies are minimal and in fact good for US companies and more disadvantage for Indian companies. Mainly those who are running just by H1b persons will have tough time. Actually many small US consulting companies went out of business because they were not able to compete with Indian companies because of H1B.
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
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ns007
04-21 08:27 AM
Sorry, did not see this thread before.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
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sammas
07-12 04:41 PM
Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck!
rbharol
12-26 04:05 PM
We cannot save for our children's college in college savings plan as every plan needs a GC.
You mean 529? Thanks of telling. I was planning to open an account for my kid's college.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
You mean 529? Thanks of telling. I was planning to open an account for my kid's college.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
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Macaca
07-17 09:42 AM
Immigration bill ignites grass-roots fire (http://immigrationvoice.org/forum/showpost.php?p=89612&postcount=461) The conservative group NumbersUSA has seen its numbers skyrocket. Activists pressure wavering senators. By Nicole Gaouette (nicole.gaouette@latimes.com), Times Staff Writer, June 24, 2007
Grass Roots Roared and Immigration Plan Collapsed By JULIA PRESTON New York Times, June 10, 2007: part 1 (http://immigrationvoice.org/forum/showpost.php?p=80626&postcount=203), part 2 (http://immigrationvoice.org/forum/showpost.php?p=80627&postcount=204)
Grass Roots Roared and Immigration Plan Collapsed By JULIA PRESTON New York Times, June 10, 2007: part 1 (http://immigrationvoice.org/forum/showpost.php?p=80626&postcount=203), part 2 (http://immigrationvoice.org/forum/showpost.php?p=80627&postcount=204)
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Jaime
02-19 12:27 AM
Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:
"(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."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
"(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."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
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Canadian_Dream
12-11 02:43 PM
Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
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sanju_dba
08-11 11:02 AM
Mr Path of Joy
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degree for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
same boat here, i bet many others do so.
back in 2003 when my friend insisted to have my GC file in EB2, my attorney filed in eb3 convicing me saying all are current why bother. ( praying a cleaner route to hell for that attorney ).
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degree for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
same boat here, i bet many others do so.
back in 2003 when my friend insisted to have my GC file in EB2, my attorney filed in eb3 convicing me saying all are current why bother. ( praying a cleaner route to hell for that attorney ).
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ramaonline
04-20 06:04 PM
I live in the bay area, I am available for making calls and also any other work for the event before 4:00 pm - sent a pm
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.soulty
03-09 08:00 PM
just enter whatever you have on the date and then fix it up after.. no drama, you can always use this piece for a portfolio or something and you can showcase it later.
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GCneeded
10-25 01:52 PM
PD is Dec 2002 / EB3 India / I 140 Approved / 485 Pending
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ArkBird
12-15 06:01 PM
I may be little out of touch but I don't understand why DOL won't give EB2 classification to IT Positions?
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
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desi3933
03-09 01:04 PM
spillover happens only when there are more EB based visas available than the number actually issued in the last quarter,
People who don't believe the slow movement should get reality check done.
I am getting Red for this. Great.
People who don't believe the slow movement should get reality check done.
I am getting Red for this. Great.
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hibworker
05-23 05:52 PM
You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
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grinch
03-07 04:17 PM
thanks guys, almost got my final render complete!
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refiling 485
07-18 10:51 PM
Hi gkdgopi
Did you call texas office regarding July 2nd application? I have filed my application in texas office and they have recieved it on July 2nd.
Thanks
Did you call texas office regarding July 2nd application? I have filed my application in texas office and they have recieved it on July 2nd.
Thanks
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TeddyKoochu
09-10 10:29 AM
One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
With the data we may come up with an exact figure (Let’s not spend IV resources for that) but ball park approximation range of 100-120K for EB2 I/C and similar for EB3 ROW indicates that it’s a very tall order for them to be current any time soon even with the most optimistic and lofty assumptions. What I intended to indicate is that the real issue is the per country limits there should be equality within all categories (PS - I have nothing against my friends from ROW). Elimination of per country limits is a must for any kind of fair play, the EB2 spillover will all evaporate once the economic climate improves and for the retrogressed countries there won’t be much of a difference between Eb2 and Eb3 once again, this certainly will happen in the next 5 years before either EB3 ROW or EB2 I/C become literally current.
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
With the data we may come up with an exact figure (Let’s not spend IV resources for that) but ball park approximation range of 100-120K for EB2 I/C and similar for EB3 ROW indicates that it’s a very tall order for them to be current any time soon even with the most optimistic and lofty assumptions. What I intended to indicate is that the real issue is the per country limits there should be equality within all categories (PS - I have nothing against my friends from ROW). Elimination of per country limits is a must for any kind of fair play, the EB2 spillover will all evaporate once the economic climate improves and for the retrogressed countries there won’t be much of a difference between Eb2 and Eb3 once again, this certainly will happen in the next 5 years before either EB3 ROW or EB2 I/C become literally current.
PHANI_TAVVALA
05-12 03:33 PM
While I wait for GC and chewed up all finger nails, I thought its good time to think about adding a qualification to myself.
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
I am doing Kelley Direct and would definitely recommend it. The Professors are great and course work feels like your regular full-time load with assignments, quizzes, mid-terms and finals, project works, case discussions and some weekly classes. Most of the professors are very interactive and you can always call them. The teaching faculty is top-quality with some of them having Ph.d's from MIT's and Stanford's. Marketing is considered top-notch at Kelley. Curriculum allows some flexibility and course load can be completed in 2 to 4 year period requiring 1week compulsory on-campus presence in 1st and 2nd year. If you have time, you can also participate in 3 to 4 week clinics for 1.5 credit hours in summers. It is now costing me around $975/credit hour with 48 credits required to graduate. Add to this cost of books at other administration/technology fee which might add upto $5k to $8k.
I have couple of friends who graduated from Thunderbird too. It is top-notch for International Business but doesnot allow the flexibility to complete at your own pace. My friends were totally tied up with work and course-load for 2 years. It requires somewhere between 51 to 54 credit hours to graduate. It has two compulsory International workshop clinics each in 1st and 2nd year for a period of 3 to 4 weeks. This is partly paid from the fee, while you need to pay for flight tickets and meals. I think the books are included in the $57k+ tuition for this program.
Kelley full-time is ranked between 18 and 23 depending on which source you would like to use. Its Marketing Discipline is in top10. Thunderbird is not ranked in TOP50 but it's INTERNATIONAL BUSINESS discipline is ranked number one.
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
I am doing Kelley Direct and would definitely recommend it. The Professors are great and course work feels like your regular full-time load with assignments, quizzes, mid-terms and finals, project works, case discussions and some weekly classes. Most of the professors are very interactive and you can always call them. The teaching faculty is top-quality with some of them having Ph.d's from MIT's and Stanford's. Marketing is considered top-notch at Kelley. Curriculum allows some flexibility and course load can be completed in 2 to 4 year period requiring 1week compulsory on-campus presence in 1st and 2nd year. If you have time, you can also participate in 3 to 4 week clinics for 1.5 credit hours in summers. It is now costing me around $975/credit hour with 48 credits required to graduate. Add to this cost of books at other administration/technology fee which might add upto $5k to $8k.
I have couple of friends who graduated from Thunderbird too. It is top-notch for International Business but doesnot allow the flexibility to complete at your own pace. My friends were totally tied up with work and course-load for 2 years. It requires somewhere between 51 to 54 credit hours to graduate. It has two compulsory International workshop clinics each in 1st and 2nd year for a period of 3 to 4 weeks. This is partly paid from the fee, while you need to pay for flight tickets and meals. I think the books are included in the $57k+ tuition for this program.
Kelley full-time is ranked between 18 and 23 depending on which source you would like to use. Its Marketing Discipline is in top10. Thunderbird is not ranked in TOP50 but it's INTERNATIONAL BUSINESS discipline is ranked number one.
rk78
06-11 05:23 PM
sent e-mail to AZ senators
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