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  • Naveen
    05-04 07:59 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    Hello Madam,

    22 CFR 42.32 a(2),b(2),C(2) page 224

    http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.


    Hope this helps you sleep better at night.

    Thanks

    P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?




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  • bindoke
    08-23 02:45 PM
    Hi team,

    Just wondering usually how long does it take to get approval notice of I -485 once PD become current ? Any idea or any comments will be really helpful.

    Thank you.
    no one can predict that. It could be days or months.




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  • abq_gc
    08-18 01:11 PM
    why cant we just file a lawsuit ??? What's stopping us from doing that ?




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  • capriol
    09-13 03:10 PM
    Create a new thread for TSC.

    Sanjeev:
    I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.



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  • gk_2000
    11-18 02:29 PM
    I went on website and see IV is their partner

    Reform Immigration For America
    Organizations � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/about/organizations/)

    A lot of big organizations there in list.

    So if IV is their partner, is our agenda part of their list? Not sure. If not, could we ensure that it is ? And, is it OK to send fax on their behalf as well? I guess it will be, IF our items are present..




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  • raydhan
    04-30 11:16 AM
    rags,
    Do you have the Bill Number by any chance so that we can look it up on the Thomas Library and see the contents?

    Thanks. Good luck to us all.



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  • Ramba
    07-11 11:39 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?


    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    Your argument is so nice. If you get a nice, immigrant friendly, kind hearted adjudicator for your 485 application, he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income". I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B. If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporay job; just think how much they will scrutinize for GC. Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.

    AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.




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  • xyz_123
    07-21 09:58 AM
    Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?



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  • aquarianf
    04-24 11:18 AM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.



    I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.




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  • brij523
    12-10 09:17 AM
    Pani_6,

    Good post. One question to you. Would you be able to give 7 days of your vacation early next year? I want to device a strategy for success. If you are interested we will work togther. And whatever strategy is formed, it will have blessing of IV and participating member. Please reply for this post. Be serious. I am not joking.

    Not only you I need around 100 peoples one weeks time. So other people serious about getting GC, if you are willing to part away your valuable one week time that would be great.

    I would like to stress, I am not dying because of GC. But I think we need to do something to get GC. Otherwise, we will be in QUE, a lonnnngggg QUE.

    Hope I have some taker.

    Thanks



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  • ds37
    11-18 07:34 AM
    done.




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  • Viktor
    07-20 12:01 AM
    I contributed $100 to IV just yesterday, I did not see this post before.

    I think its wrong to let someone bear the burden alone for something thats a shared objective.

    Count me in for the pledge



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  • VMH_GC
    07-19 08:20 PM
    can you create an excel sheet in google and share it so that it is easy to track the contribution




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  • mantric
    12-16 05:22 AM
    here's my list. would love to hear others.

    1. listen to music.
    e.g. kishore songs.
    http://www.youtube.com/watch?v=FjjK_37OpNM
    sing !

    2. read a good book.
    e.g. Emerson essay on compensation.
    "For everything you have missed you have gained something else."
    http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
    i think it's a very powerful essay for life.

    3. go to the gym. workout. jog. lift weights. play a game.
    table tennis really helps.
    resolve to be your fittest.
    adversity must make us stronger, not weaker.

    4. travel internationally
    take a trip to some country you've never gone to before.
    observe people's olympic struggles.
    it's part of the human experience.

    5. learn a new skill
    something you've always wanted to do but did'nt get around to.
    public speaking, dancing, singing...your choice.
    take a class at a community college or a university.

    6. go to temple or church or mosque.
    make a deeper spiritual connection with God.
    let him lift some of your burden.
    i listened to Hari Om Sharan after many years and experienced a real sense of joy.

    7. spend time learning about US government.
    get to know more about how government works. why does house vote differently than the senate ?
    get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
    our friends on the other side of the fence have done us a favor by organizing this information
    http://grades.betterimmigration.com/index.php3
    just reverse the grades. consider approaching reps/senators with your situation.

    8. learn from IV efforts of previous years
    many skills were introduced which could have helped us. what can we learn from what failed ?
    e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
    Gandhigiri did work this year. it was a major success story we should celebrate and learn from.

    9. accept and enjoy the present.
    accept the present moment. breathe.
    enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
    experiencing these gifts of life is enough to keep one happy.

    10. write it out.
    record the feelings you are going through in writing.
    capture the details.
    what was your journey, your expectations, your highs and lows ?
    you may see your struggles in a different light 10 years from now.



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  • sankap
    07-10 05:07 PM
    So, we're back to the semantics. We need USCIS/DOL definitions of "permanent" and "legitimate"--not the definition just for educators/tenured teaching positions, as desi3933 gave. If we don't have the definitions, we can/can't assume anything/everything. Therefore, self-employment in same/similar occupation, with a *projected* cash flow, should be classified as "FT, permanent."

    You are wrong, again!. ;)

    I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.

    .




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  • sunty
    11-21 11:37 AM
    Dear Mehul,

    First, I couldn't believe what you posted..Here we are worried about PD, Receipt Dates etc and then there is your situation...I am extremely sorry and sad to hear about your illness. I don't even know what to write....I feel so helpless..I guess we all are helpless here..God bless..



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  • jsb
    09-10 11:00 AM
    There is a mistake in the vb for Oct 2009 for Eb3 . Please look at the mumbai consulate it shows Eb3 -I cutoff date is 22 feb 2002.

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html). Can anyone verify the problem .

    Mistake seems to be at the Mumbai site. They seem to have copied E3-I dates from the China column of the original VB. Perhaps they will correct it quickly. On the optimistic note, we can hope that error is in the published VB, not at Mumbai site.




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  • sammyb
    11-21 10:58 AM
    Can IV as a group arrange some legal consultation for Mehul and his family ... guess we can have a fund drive and raise some money to cover the legal fees ... I am for it... let me know what other thinks ...




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  • ChampU2008
    11-18 10:30 AM
    Thank you for your letter regarding the Development, Relief, and Education for Alien Minors (DREAM) Act of 2009 (S. 729). As always, I value your input on this and other issues, and strive to keep you updated on the important issues facing us today.

    On March 26, 2009, the DREAM Act was introduced by Senator Richard Durbin (D-IL). This bill would authorize the Secretary of the Department of Homeland Security to cancel the removal of, and give conditional permanent resident status to, an alien who entered the U.S. prior to his or her 16th birthday and has lived in the U.S. for a period of 5 years. Such a resident must also meet other requirements, such as be judged to be of good moral character, not inadmissible or deportable under the Immigration and Nationality Act, be admitted to a higher education institution or have completed high school or the equivalent, never been under a final order of deportation, and be under 35 years of age at the time of this Act�s enactment.

    Furthermore, the DREAM Act sets parameters for conditional permanent resident status, and the process by which one transitions from conditional to permanent residency status. Under S. 729, an undocumented alien would also be authorized to petition the Secretary for conditional permanent residency if that individual has satisfied all of the above requirements prior to the enactment of the Act. Currently, S. 729 is before the Senate Committee on the Judiciary where it awaits further consideration. While I am not a member of this committee, I will certainly monitor the progress of this bill.

    As you may know, Majority Leader Harry Reid (D-NV) announced on September 14, 2010, that he would offer the DREAM Act as an amendment to the Fiscal Year (FY) 2011 Defense Authorization bill (S. 3454) as well as not allow a fair and open debate on the bill. I was disappointed that he chose to play politics with necessary support for our troops and national defense by trying to tack on the DREAM Act, which is unrelated to the daily operations of the Department of Defense. I remain committed to reforming our legal immigration system and streamlining the legal process; however, I have consistently opposed proposals that extend taxpayer benefits to those here illegally or give incentives for illegal immigration. On September 21, 2010, the Senate voted 56 to 43, where 60 affirmative votes were needed, not to move forward with debate on the Defense Authorization bill. I joined colleagues from both sides of the aisle to oppose this vote.

    Again, thank you for sharing your views with me. As the legislative process moves forward, I will keep your thoughts in mind. If I can be of further assistance, do not hesitate to contact me or visit my website at www.scottbrown.senate.gov.

    Sincerely,
    Scott P. Brown
    United States Senator


    Huh? Not a word about our plea for Legal immigrants??




    mbawa2574
    08-06 02:44 PM
    I have PD of Dec 2005 and I140 approved in June 2006 from TSC. Filed 485 on July 3rd .checks not cashed yet neither received the Receipt notice. Called up and lady checked the system and my 485 app is not in the system. She told me to call around 20th to check the status. What are they cooking ? I am not sure.




    minimalist
    01-30 07:24 PM
    You effing ahole.. Are you following any news lately? See how many states are trying to take criminal action against those who made such loans falsifying the documents. The ones who "made" the loans collaboarted with the borrower to bring up stated income.

    If you always "do the rght thing", for your way looking down on all others , you should go kill yourself. That is the right thing to do for the way you live without compassion, not being able to make an argument without calling names, death for you is the right thing. So, tell me how is that "right thing" coming along.

    Do some introspection and tell me that you never done a wrong thing in your life. Then we can discuss further, if you are ready to have a civil discussion without calling names.

    FYI, I haven't done what the original poster is being flamed for , but I understand why he may have done that.


    Don't confuse between taking legal risk with doing something illegal. You must be an idiot to think they are the same.

    Poeple that sold $500K home to those who make $40K were not doing anything illegal. What they were doing was irresponsible. It is the guy that was making $40K, but lied on his application that he was making $80K that is the criminal.

    And your assumption is that we are complaining about unethical behavior because we are in the US and we think that everyone in the US is ethical? How stupid are you? Sorry to burst your bubble, but we do not think so. I, and many like me, think we should do the right thing no matter where we are, here, India, or elsewhere.



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