desi3933
02-15 06:27 AM
What I understood is that an alien can be granted a PR only when visas are available...
BUT ... we are asking CIS to allow to apply for AOS when immigrant visa is not available...
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States 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 1154(a)(1) of this title or \1\
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.
This means that visa number must be available at the time of filing I-485.
For a minute let us assume you are correct and If it can be ONLY be changed by Law, then why did DHS secretary mention in the memo as ... "including a possible pre-application filing procedure for adjustment cases"
I am not trying to argue... I am just trying to justify
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
BUT ... we are asking CIS to allow to apply for AOS when immigrant visa is not available...
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States 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 1154(a)(1) of this title or \1\
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.
This means that visa number must be available at the time of filing I-485.
For a minute let us assume you are correct and If it can be ONLY be changed by Law, then why did DHS secretary mention in the memo as ... "including a possible pre-application filing procedure for adjustment cases"
I am not trying to argue... I am just trying to justify
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
paskal
09-22 10:27 AM
I did not go to DC because i did not want to get the green card this way.I grew upwatching aunts,uncles coming from USA bearing gifts.I grew up watching cousins go for USA for higher studies.It used to be so special. Now its become so cheap. Now you guys have literally taken it to the streets. There's no difference between those illegal immigrants and us. This H1visa has ruined it for really smart students who come here on F1 with full scholarship.
This software industry and these cheap bodyshopping companies made it nothing more than a whore business.
My heart is broken. I dont care anymore.thats why i did not come to DC.
i'm not in software either and i have the equivalent of a doctorate and another masters and multiple specialty certifications. if you feel this way you do...you are venting your frustration about body shoppers on us- fine. your prerogative. but why are you here at all? this organization exists to end retrogression. who is "you"? as far as i can see you signed up to be a member.
by going to DC i felt like i did something to get attention to the problem. the resolution will come from congress not us. it is our right to petition, and we did. if we do not create awareness, nobody will help- with retrogression or with exploitative body shoppers. please direct your bitterness where it belongs- not on those who try to help.
each person here is a member and if they participate they do it for themselves. you too are here and lurk around reading the forums for yourself. there is vested interest in it, so maybe you are no better?
we did not cheapen green cards, you are cheapening us, people like you who are struggling through the process and in the process you cheapen yourself too. if you do not want your green card like this, it's simple, do not lurk around here.
chandu, a word of suggestion for you. we are all selfish. this is all driven by our individual needs. some just consider all this beneath them. they carp and whine about anything and everything. their thin skins burn at the slightest suggestion that everyone needs to contribute their time, effort and money. they live here on the forum and scream free speech at every turn, but will neither contribute to keep the "free speech" going, nor advocate free speech for those that urge them to get more active. they talk of aunts and uncles and fantasize about a time long gone as you can see. they talk about not wanting a green card "desperately' or not at all, yet they live on tracking threads. i do not believe their problem is selfishness. it is denial and hypocrisy. but why do you bother? those who show their character as strong and have self respect will succeed in other ways too. those who cower under their aunts and uncles will stay exactly there.
iv has grown and prospered. we have a seat in this discussion. we are talking directly to congress, the administration and uscis. does that guarantee success? nope. but you and me, we sure as hell tried and will always have that with us. and it sure is a great feeling...:cool:
This software industry and these cheap bodyshopping companies made it nothing more than a whore business.
My heart is broken. I dont care anymore.thats why i did not come to DC.
i'm not in software either and i have the equivalent of a doctorate and another masters and multiple specialty certifications. if you feel this way you do...you are venting your frustration about body shoppers on us- fine. your prerogative. but why are you here at all? this organization exists to end retrogression. who is "you"? as far as i can see you signed up to be a member.
by going to DC i felt like i did something to get attention to the problem. the resolution will come from congress not us. it is our right to petition, and we did. if we do not create awareness, nobody will help- with retrogression or with exploitative body shoppers. please direct your bitterness where it belongs- not on those who try to help.
each person here is a member and if they participate they do it for themselves. you too are here and lurk around reading the forums for yourself. there is vested interest in it, so maybe you are no better?
we did not cheapen green cards, you are cheapening us, people like you who are struggling through the process and in the process you cheapen yourself too. if you do not want your green card like this, it's simple, do not lurk around here.
chandu, a word of suggestion for you. we are all selfish. this is all driven by our individual needs. some just consider all this beneath them. they carp and whine about anything and everything. their thin skins burn at the slightest suggestion that everyone needs to contribute their time, effort and money. they live here on the forum and scream free speech at every turn, but will neither contribute to keep the "free speech" going, nor advocate free speech for those that urge them to get more active. they talk of aunts and uncles and fantasize about a time long gone as you can see. they talk about not wanting a green card "desperately' or not at all, yet they live on tracking threads. i do not believe their problem is selfishness. it is denial and hypocrisy. but why do you bother? those who show their character as strong and have self respect will succeed in other ways too. those who cower under their aunts and uncles will stay exactly there.
iv has grown and prospered. we have a seat in this discussion. we are talking directly to congress, the administration and uscis. does that guarantee success? nope. but you and me, we sure as hell tried and will always have that with us. and it sure is a great feeling...:cool:
Openarms
06-11 08:50 AM
This has been a discovered issue a loooong back.... see below links.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/19069-injustice-for-eb3-india.html
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/19573-eb3-india-most-unfortunate-effected-category-3.html
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/19069-injustice-for-eb3-india.html
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/19573-eb3-india-most-unfortunate-effected-category-3.html
aspiration
06-24 10:48 AM
Any updates?
more...
senthil1
06-19 04:45 PM
There is no suprise on it. There may be 3 reasons for that
1. It is deviating from grand bargain. Some republicans accepted CIR based on the condition that point system needs to be introduced. Cantwell amendment invalidates that in high skilled category
2. Anything unlimited is tough to convince Senators as immigration concept is based on shortage of workers. Cantwell amendment has many exemptions for H1b and GC
3. This has provisions which will make Durbin bill almost ineffective
If some compromise is suggested in those three points then there is some possiblity. Otherwise it is going to be tough
The word on the street is that the Cantwell amendment is not a part of the list of amendments that are currently floating around in Senate offices. There are 20 of them.
Even Bernie Sanders has one more coming (Yes, it is related to H1B). But Cantwell amendment is not there in the list of 20.
Here is the list of 20 amendments floating around in the Senate:
Democratic Amendments
1199 Dodd ---- Family parent visas
1313 Webb ---- Community ties for Zs
1236 Baucus-Tester ---- Strike all reference to REAL ID
1332 Sanders ---- Employers to certify no mass layoff
1344 Byrd ---- Border security immigration fee
1317 Menendez ---- Increased family points in merit system
1340 Brown ---- Employers post job at state agency
1468 McCaskill ---- Repeat violators who hire undocumented workers
1486 Levin ---- Iraqi religious minority refugees
1386 Leahy ---- Refugee Scholars (may instead be 1289 on EB-5 investors)
____ Schumer ---- Tamper-proof biometric social security card (no language yet)
1198 Boxer ---- Reducing Y visa cap by number of Y workers who overstay
Republican Amendments
1161 Alexander ---- Oath of allegiance for naturalization (may move to manager�s package)
1255 Bond ---- Prohibits green cards for Z holders
1473 Coleman ---- information sharing/sanctuary cities (Coleman is redrafting, new language not available)
1335/1258 Domenici ---- Federal judgeship increase (redrafting)
1490 Ensign ---- Preclusion of social security benefits
1465 Graham ---- Enforcement, plus other potential agreed upon amendments folded in (redrafting, content not clear)
1441 Grassley-Baucus Obama ---- Strike and replace Title III (small changes possible)
1440 Hutchison ---- Touchback/strike and replace title vi (redrafting)
1174 Thune ---- Probationary legal status triggers
1318 Chambliss ---- Totalization agreement
1282 Isakson ---- Preemption/Home Depot (redrafting)
------ Graham Criminal penalties/mandatory minimums for overstays
1. It is deviating from grand bargain. Some republicans accepted CIR based on the condition that point system needs to be introduced. Cantwell amendment invalidates that in high skilled category
2. Anything unlimited is tough to convince Senators as immigration concept is based on shortage of workers. Cantwell amendment has many exemptions for H1b and GC
3. This has provisions which will make Durbin bill almost ineffective
If some compromise is suggested in those three points then there is some possiblity. Otherwise it is going to be tough
The word on the street is that the Cantwell amendment is not a part of the list of amendments that are currently floating around in Senate offices. There are 20 of them.
Even Bernie Sanders has one more coming (Yes, it is related to H1B). But Cantwell amendment is not there in the list of 20.
Here is the list of 20 amendments floating around in the Senate:
Democratic Amendments
1199 Dodd ---- Family parent visas
1313 Webb ---- Community ties for Zs
1236 Baucus-Tester ---- Strike all reference to REAL ID
1332 Sanders ---- Employers to certify no mass layoff
1344 Byrd ---- Border security immigration fee
1317 Menendez ---- Increased family points in merit system
1340 Brown ---- Employers post job at state agency
1468 McCaskill ---- Repeat violators who hire undocumented workers
1486 Levin ---- Iraqi religious minority refugees
1386 Leahy ---- Refugee Scholars (may instead be 1289 on EB-5 investors)
____ Schumer ---- Tamper-proof biometric social security card (no language yet)
1198 Boxer ---- Reducing Y visa cap by number of Y workers who overstay
Republican Amendments
1161 Alexander ---- Oath of allegiance for naturalization (may move to manager�s package)
1255 Bond ---- Prohibits green cards for Z holders
1473 Coleman ---- information sharing/sanctuary cities (Coleman is redrafting, new language not available)
1335/1258 Domenici ---- Federal judgeship increase (redrafting)
1490 Ensign ---- Preclusion of social security benefits
1465 Graham ---- Enforcement, plus other potential agreed upon amendments folded in (redrafting, content not clear)
1441 Grassley-Baucus Obama ---- Strike and replace Title III (small changes possible)
1440 Hutchison ---- Touchback/strike and replace title vi (redrafting)
1174 Thune ---- Probationary legal status triggers
1318 Chambliss ---- Totalization agreement
1282 Isakson ---- Preemption/Home Depot (redrafting)
------ Graham Criminal penalties/mandatory minimums for overstays
gk_2000
03-28 08:38 PM
I told you smart ass. there is no point in fighting here and insulting anyone. just give your informatiion, i can contact you and willing to tell you how good or bad I am.
Now just relax.
MC
You really want to start going over the scores here? You can shove your warnings as I dont care for them. If anything pisses me off about this forum is you guys' habit of giving warnings.
Now just relax.
MC
You really want to start going over the scores here? You can shove your warnings as I dont care for them. If anything pisses me off about this forum is you guys' habit of giving warnings.
more...
mariusp
04-25 07:10 PM
$35 #8kw28458tt459510y
logiclife
02-12 06:46 PM
Ok guys, take it easy.
more...
here4gc
08-01 04:52 PM
I don't know how many people know this, but I have worked with 3-4 different attorneys and I HIGHLY reccommend RAJIV S KHANNA.
Firstly, Rajiv reviews EACH & EVERY CASE!!!! - you find it hard to believe ? - no, its true, I spoke to the guy atleast 3-4 times. I had a question and i called the paralegal, she just heard me for 2 minutes and said, wait, I will get Rajiv on the phone and Voila - he spent like 45 minutes answering my every question.
I told him its a great relief to even talk to an attorney directly. Also, a little known fact is that apart from immigrationportal.com Rajiv has his own website for his clients, its a protected site and he answers every question himself, its not a complicated site like his portal, but real simple and nice. He does not overcharge, his staff worked weekend and nights to file my case. I was calling their office even on saturday at 8PM and have always been greeted with a smile and with extreme patience.
Every time i have left a message or sent an email, they have ALWAYS followed up, no matter what..it can't get better than this...
I have had horrible experiences with 2 other attorneys though..they even took my money and DID NOTHING..
Firstly, Rajiv reviews EACH & EVERY CASE!!!! - you find it hard to believe ? - no, its true, I spoke to the guy atleast 3-4 times. I had a question and i called the paralegal, she just heard me for 2 minutes and said, wait, I will get Rajiv on the phone and Voila - he spent like 45 minutes answering my every question.
I told him its a great relief to even talk to an attorney directly. Also, a little known fact is that apart from immigrationportal.com Rajiv has his own website for his clients, its a protected site and he answers every question himself, its not a complicated site like his portal, but real simple and nice. He does not overcharge, his staff worked weekend and nights to file my case. I was calling their office even on saturday at 8PM and have always been greeted with a smile and with extreme patience.
Every time i have left a message or sent an email, they have ALWAYS followed up, no matter what..it can't get better than this...
I have had horrible experiences with 2 other attorneys though..they even took my money and DID NOTHING..
whiteStallion
06-19 05:19 PM
Thanks again Totoro, for all the good work!
more...
Canadian_Dream
05-31 05:17 PM
It is contradicting because you are applying Louisiana Senate Law's and Robert's Rule which is a guide to conduct a board meeting to United States Senate. All three are three different things !!!! Order to lie on the table in the language of United State Senate means "A Negative Position" by the majority.
In any case I agree with what Logiclife has said about these amendments.
I am confused. it is very contradicting.
In any case I agree with what Logiclife has said about these amendments.
I am confused. it is very contradicting.
chanduv23
09-04 02:47 PM
Jaime , Very good post and very encouraging. It will change at least a few minds.
Chanduv23 , I know you are a very active member in these forums and feel very strongly about these efforts. I can probably understand your frustration, But I don't think we can embrace/attract people by alienating them.
It is pretty broad generalization to say those who don't/can't attend the rally or those who does not have a positive disposition about the rally are bunch of lazy, TV watching , cards playing , bargain hunting , un-ambitious people.
Let us move with a positive message. :) :) .
If Jaime is the good cop, I am the bad cop :)
Chanduv23 , I know you are a very active member in these forums and feel very strongly about these efforts. I can probably understand your frustration, But I don't think we can embrace/attract people by alienating them.
It is pretty broad generalization to say those who don't/can't attend the rally or those who does not have a positive disposition about the rally are bunch of lazy, TV watching , cards playing , bargain hunting , un-ambitious people.
Let us move with a positive message. :) :) .
If Jaime is the good cop, I am the bad cop :)
more...
logiclife
06-26 02:06 PM
64 Ayes, 35 Nos
the battle begins again... :(
Its only going to take 5 people to break away from the 64. Those 35 "No" votes are the ones who want CIR dead NOW. They are not going to change. But those 64, its only going to take 5 people to walk away.
There are 24 amendments. I think atleast 5 people would see their amendments fail on the floor of the house and probably another 5 atleast who would withdraw support because someone else's amendment passed. This baby is going DOWWWNNN this weekend per my estimate. I could be wrong but again, 24 amendments ? That's too many darts on a fragile compromise.
the battle begins again... :(
Its only going to take 5 people to break away from the 64. Those 35 "No" votes are the ones who want CIR dead NOW. They are not going to change. But those 64, its only going to take 5 people to walk away.
There are 24 amendments. I think atleast 5 people would see their amendments fail on the floor of the house and probably another 5 atleast who would withdraw support because someone else's amendment passed. This baby is going DOWWWNNN this weekend per my estimate. I could be wrong but again, 24 amendments ? That's too many darts on a fragile compromise.
eb3_nepa
07-05 10:31 AM
I called USCIS and she said based on the information she got from his authorities, she said all the 485 application packets will be rejected with a note saying that , please apply after oct 1st if your PD is current.
I also asked her if you dont send us back by oct 1st what sould we do, she said if I dont receive by August mid, then take infopass and go to local uscis office and request for my application back.
I think all the customer service agents are aware of the issue and got informed what to answer for our questions.
I BEG to differ. I called USCIS today morning and the rep told me VERY CLEARLY that ANY application received on July 2 will be ACCEPTED as July 2 is the cutoff.
A few min later my spouse called and they told her, Everything would be rejected.
USCIS customer service center, currently cant differentiate their A** from a hole in the ground!!
I also asked her if you dont send us back by oct 1st what sould we do, she said if I dont receive by August mid, then take infopass and go to local uscis office and request for my application back.
I think all the customer service agents are aware of the issue and got informed what to answer for our questions.
I BEG to differ. I called USCIS today morning and the rep told me VERY CLEARLY that ANY application received on July 2 will be ACCEPTED as July 2 is the cutoff.
A few min later my spouse called and they told her, Everything would be rejected.
USCIS customer service center, currently cant differentiate their A** from a hole in the ground!!
more...
sam2006
09-23 10:22 AM
thank you for all the efforts Franklin
gcfordesi
04-25 07:14 PM
Date of sign up: Apr. 25, 2008
Subscription Name: Secure $50 Per Month Recurring Contribution
Subscription Number: S-1KD34378HJ281644A
Item Number: Secure $50 Per Month Recurring Contribution
Subscription Terms:
$50.00 USD for each month
Thanks.
Subscription Name: Secure $50 Per Month Recurring Contribution
Subscription Number: S-1KD34378HJ281644A
Item Number: Secure $50 Per Month Recurring Contribution
Subscription Terms:
$50.00 USD for each month
Thanks.
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waitnwatch
04-16 06:32 PM
Seems like a downright slugfest on Fragomen going on! I haven't had the ability to get an immigration lawyer (my employer too didn't provide me with one) so I couldn't comment either way on Fragomen. But it seems Fragomen may just be selling franchises not unlike Subway or Dunkin Donuts. End of the day you just get to work with a franchisee using Fragomen's name. The flip side of this is that there is no standardized lawyer supply similar to raw material supplies Subway or similar franchisees get.
What I say above is in jest but it may quite be true!
Maybe we could operate Fragomen franchises once we get our green cards!
What I say above is in jest but it may quite be true!
Maybe we could operate Fragomen franchises once we get our green cards!
vine93
05-20 11:53 AM
Completed from my side.
purplehazea
06-30 11:17 AM
What does the introduction of SKIL bill in House mean to us? i.e. what are the likely scenarios from here on? Thanks in advance.
Jaime
09-21 11:14 PM
I am not indian, I am chinese, and I attended the rally in DC. I am so touched by you brave indian people. while I feel such a shame that we only had much less chinese there. part of the reason is that IV is originally indian club. we got the message but kind of lack the close organization.
anyway, I am also thinking about another rally.
1, it has to be on weekends, so everyone can come
2. it should be in multiple cities, from coast to coast, all major cities.
DC. NYC, chicago, LA, SF, houston, boston. reserach triangle, seattle etc, where professional immigrants lives most.
3. we need to make sure everyone will come, need good personal organization, not just voluntarily, we need personal contact, conversation, meetings ahead, level by level, to build a good "relationship" with each other.
yes, this is the hard part.
4. we really need to study the illegal immigrant rally last time, how successful they were !!!!
5. honestly, we didn't get much media coverage. shame ! nothing on TV, newspaper frontpage. but--- if we have a huge rally, everyone will have to cover us, pay attention to us. it all depends on us.
Love you guys
we should hurry up
Dear Elle, 谢谢! for coming and 我们来自许多国家不仅印度! :) For example, I am from Europe/Mexico (long story lol) We need to bring in more of our Chinese friends! What do you suggest? What Chinese organizations can we contact to join with us ad how to we best reach out to our existing Chinese IV members?
anyway, I am also thinking about another rally.
1, it has to be on weekends, so everyone can come
2. it should be in multiple cities, from coast to coast, all major cities.
DC. NYC, chicago, LA, SF, houston, boston. reserach triangle, seattle etc, where professional immigrants lives most.
3. we need to make sure everyone will come, need good personal organization, not just voluntarily, we need personal contact, conversation, meetings ahead, level by level, to build a good "relationship" with each other.
yes, this is the hard part.
4. we really need to study the illegal immigrant rally last time, how successful they were !!!!
5. honestly, we didn't get much media coverage. shame ! nothing on TV, newspaper frontpage. but--- if we have a huge rally, everyone will have to cover us, pay attention to us. it all depends on us.
Love you guys
we should hurry up
Dear Elle, 谢谢! for coming and 我们来自许多国家不仅印度! :) For example, I am from Europe/Mexico (long story lol) We need to bring in more of our Chinese friends! What do you suggest? What Chinese organizations can we contact to join with us ad how to we best reach out to our existing Chinese IV members?
arkanand
09-13 04:06 PM
Dear anukcs
I never said anything is wrong, what we are doing is fine.
I am just seeing posts where people are finding fault for not participating. No- Participation can be due to any number of reasons.
About who is SELFISH or not...yes, there are people who dedicated everything for the benefit of others, look around, you may surely find people. I define selfishness as "if we do things for our own sensual enjoyment" and not "basic survival". Both are selfish but grossly and signficantly different.
It is like eating the bare minimum to live and doing service to mankind or having a pizza party and just pretty much living for oneself oblivious of others.
This green card is just about me and my family members (99%)...dont you think so?
I never said anything is wrong, what we are doing is fine.
I am just seeing posts where people are finding fault for not participating. No- Participation can be due to any number of reasons.
About who is SELFISH or not...yes, there are people who dedicated everything for the benefit of others, look around, you may surely find people. I define selfishness as "if we do things for our own sensual enjoyment" and not "basic survival". Both are selfish but grossly and signficantly different.
It is like eating the bare minimum to live and doing service to mankind or having a pizza party and just pretty much living for oneself oblivious of others.
This green card is just about me and my family members (99%)...dont you think so?
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