gc28262
05-01 01:17 PM
How can an EB dependent file in Family category ?
For any one (dependent ) to qualify for filing GC, they have to qualify under one of the categories either family or EB.
Family category:
Applicant has to have a relation with a GC holder or a citizen. When primary EB applicant itself is in AOS status ( not GC) how can a spouse file in Family category ?
2 conditions need to be met for spouse to apply
1. Primary should be having his greencard.
2. PD should be current for the spouse in family category.
Typically condition 1 won't be met for an EB dependent spouse, so USCIS process them under EB category.
For any one (dependent ) to qualify for filing GC, they have to qualify under one of the categories either family or EB.
Family category:
Applicant has to have a relation with a GC holder or a citizen. When primary EB applicant itself is in AOS status ( not GC) how can a spouse file in Family category ?
2 conditions need to be met for spouse to apply
1. Primary should be having his greencard.
2. PD should be current for the spouse in family category.
Typically condition 1 won't be met for an EB dependent spouse, so USCIS process them under EB category.
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diptam
06-26 03:44 PM
" Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
Sounds like there is a way out.
Could you please post whole sentence? Thanks.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
Sounds like there is a way out.
Could you please post whole sentence? Thanks.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
Raju
07-19 08:59 PM
$200 just tell me how and when
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GCStatus
09-15 12:11 PM
can someone who knows the intricacies of such an effort help draft the plan? so we are in the ball park of what resources we need ... ?
Apume - We are targetting atleast 1000 - each 100 dollars will give us 100k - not a bad number for lawyer fees and other stuff, more the better and welcome aboard
Apume - We are targetting atleast 1000 - each 100 dollars will give us 100k - not a bad number for lawyer fees and other stuff, more the better and welcome aboard
more...
GCard_Dream
12-11 11:07 AM
I thought "Staying the course" was not an option anymore.. that's from the Iraq study group, democrats, and the president himself. Motto now "We need to change our tactics". :)
Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.
If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.
I forgot to say that I am going full speed ahead and staying the course.
Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.
If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.
I forgot to say that I am going full speed ahead and staying the course.
gk_2000
02-09 09:03 PM
You can do it through the IV site. Click the Green "Donate button at the top of this page or from home page. It will display the following options from which you can choose and it will take you to paypal.
Remember to login first to IV. Image attached. There is a link in my signature which points to the same.
Ok, now I am a recurring donor...
Remember to login first to IV. Image attached. There is a link in my signature which points to the same.
Ok, now I am a recurring donor...
more...
ram_nara303
11-17 03:44 PM
Done for VA
Senator Mark R. Warner (D-VA)
Senator Jim Webb (D-VA)
Representative Frank R. Wolf (R-VA 10th)
Senator Mark R. Warner (D-VA)
Senator Jim Webb (D-VA)
Representative Frank R. Wolf (R-VA 10th)
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EB3_SEP04
08-15 11:22 AM
Got emails today: Card production ordered for both applications
What's your EB category please?
What's your EB category please?
more...
mita
08-18 01:21 PM
BOTTOM LINE:
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
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amitjoey
07-09 05:14 PM
http://www.youtube.com/watch?v=ovhoH0ZW0No
Please rate it with 5 stars.
Please rate it with 5 stars.
more...
nashim
06-01 06:32 PM
Hi Gurus,
I have couple of questions regarding my AC21 portability, please post your thoughts on this.
My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,
1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?
2) Will there be any impact on my old I485 application in case of interfiling denial?
thanks
I have couple of questions regarding my AC21 portability, please post your thoughts on this.
My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,
1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?
2) Will there be any impact on my old I485 application in case of interfiling denial?
thanks
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gjoe
10-08 03:46 PM
A rich man had a bunch of horses and donkeys. He used some to carry the load and some he tried to breed for participating in races. He was trying something but not very effeciently.
When we have a mix of people like in this forum, you will see different people, different thoughts, ideas and talent. A leader with patience can put to use more than 90% of the resources (members), if he knows what he/she is doing. No matter how many times you ask some will never go to rallies, some will never participate in state chapters, some will never contribute money, etc. Trying to get everybody to do the same thing is never going to work. Please don't mistake me or take offence. All that I am saying is "Horse should be for races and donkeys should be for carrying the load" In no way the donkey is inferior to the horse or vice versa.
BTW I work for the goverment and I know a little bit more than what you know about it. I am not saying this to belittle you but just mentioning my opinion
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
When we have a mix of people like in this forum, you will see different people, different thoughts, ideas and talent. A leader with patience can put to use more than 90% of the resources (members), if he knows what he/she is doing. No matter how many times you ask some will never go to rallies, some will never participate in state chapters, some will never contribute money, etc. Trying to get everybody to do the same thing is never going to work. Please don't mistake me or take offence. All that I am saying is "Horse should be for races and donkeys should be for carrying the load" In no way the donkey is inferior to the horse or vice versa.
BTW I work for the goverment and I know a little bit more than what you know about it. I am not saying this to belittle you but just mentioning my opinion
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
more...
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qplearn
12-10 03:38 PM
There are two posts from 'Ticked Off' at this link:
http://www.steinreport.com/archives/009849.html
Scary comments. Also saddening.
http://www.steinreport.com/archives/009849.html
Scary comments. Also saddening.
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Raju
07-20 10:43 AM
I pledge $100.
Can we set a target of $100,000. Lets not forget other IV core too. Even they might have spent money. We should set up an administrative account.
Also can we send emails to everyone like the action alert, so that more people can join?
Good points...
Can we set a target of $100,000. Lets not forget other IV core too. Even they might have spent money. We should set up an administrative account.
Also can we send emails to everyone like the action alert, so that more people can join?
Good points...
more...
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hiUS
09-11 10:27 AM
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Hi GCEB2,
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Hi GCEB2,
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
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Libra
08-26 12:58 PM
I did and I got a response in mail saying there are extremely high volume of cases filed before me, that is why it is taking time.
Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.
Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.
more...
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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.
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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saptaswara
05-09 09:54 PM
Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
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kshitijnt
05-01 11:56 PM
even if yu have got a red dot for some stupid reason I was strongly tempted to give yu ared dot for this reply. If not let the administrators give yu one................
Why arent you tempted to give me green though :)
Why arent you tempted to give me green though :)
ragz4u
05-02 12:13 PM
Guys until CIR passes soft country limits Remain right? ALso a lot of us who have applied on Eb3 DO have Masters in the US, it's just that our lawyers played it safe and applied in EB3.
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
The CIR has been scheduled for debate starting May 15th (unconfirmed report made available to us). The SKIL bill has not been scheduled.
As far as passing the SKIL bill goes, it is in the same boat as the TALENT and PACE. They still need to be scheduled in spite of the PACE bill having 60 co-sponsors. Remember that the McCain Kennedy bill and Cornyn Kyl bill were proposed almost a year before they got considered.
So just want to temper everyone's expectations here. I don't think the SKIL bill will pass before the CIR. If the CIR fails, only then will the SKIL/PACE/TALENT bills gather some momentum.
Hope this helps
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
The CIR has been scheduled for debate starting May 15th (unconfirmed report made available to us). The SKIL bill has not been scheduled.
As far as passing the SKIL bill goes, it is in the same boat as the TALENT and PACE. They still need to be scheduled in spite of the PACE bill having 60 co-sponsors. Remember that the McCain Kennedy bill and Cornyn Kyl bill were proposed almost a year before they got considered.
So just want to temper everyone's expectations here. I don't think the SKIL bill will pass before the CIR. If the CIR fails, only then will the SKIL/PACE/TALENT bills gather some momentum.
Hope this helps
simple1
05-02 02:00 AM
http://www.state.gov/documents/organization/87867.pdf
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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