polapragada
09-14 12:14 PM
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
Ithink PD Porting might be legal at this time but not ETHICAL.
If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
Ithink PD Porting might be legal at this time but not ETHICAL.
InTheMoment
04-11 04:08 PM
Anyone has their case converted to RIR recently at PBEC ?
Mine pending since Jan 2007.
Mine pending since Jan 2007.
skgs2000
12-11 05:43 PM
Thanks for your advise on paying to IV. We posted our way of thinking!
addsf345
11-20 03:38 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
more...
rb_248
01-06 09:13 AM
His speech was contradicting at some instances. However, what I could conclude was that Indian and Chinese workers can be trained well and are more flexible than American workers. If you listen the speech again with this trainability factor (which he did not consider in his study), his contradicting assertations makes sense.
Lollerskater
05-07 12:48 PM
Received my stimulus package. I am H1-B waiting for 485.
Thread title extremely misleading. The rules are clearly stated of how to receive stimulus package. OP's wife is clearly not eligible. We are all frustrated about USCIS but let's be fair to respective parties and not slander the innocent.
Requesting a mod change the title or close thread.
Thread title extremely misleading. The rules are clearly stated of how to receive stimulus package. OP's wife is clearly not eligible. We are all frustrated about USCIS but let's be fair to respective parties and not slander the innocent.
Requesting a mod change the title or close thread.
more...
meetdebasish
11-30 01:21 PM
Hey guys,
My name is Debasish and I live in Santa Monica near UCLA. I think we all should get together and do something to mobilize our chapter here in So-Cal area. We all know that there are a lot of people who are on H1B and have applied for their GC. But they are waiting....
For myself, I have applied for my GC and still waiting for the I-140. Don't know what they are doing in the TSC???
So the idea should be to get them invloved...Somebody has rightly put it that we do not have a collective voice and that's why we are ignored...
Hope you guys understand...
I think we should start collecting database of people who have applied for their GC and waiting.
If you have any input on this, I will gladly hear it...
Send me an email at meetdebasish@gmail.com on this topic. I am ready to take the lead and move forward.
~Deb
My name is Debasish and I live in Santa Monica near UCLA. I think we all should get together and do something to mobilize our chapter here in So-Cal area. We all know that there are a lot of people who are on H1B and have applied for their GC. But they are waiting....
For myself, I have applied for my GC and still waiting for the I-140. Don't know what they are doing in the TSC???
So the idea should be to get them invloved...Somebody has rightly put it that we do not have a collective voice and that's why we are ignored...
Hope you guys understand...
I think we should start collecting database of people who have applied for their GC and waiting.
If you have any input on this, I will gladly hear it...
Send me an email at meetdebasish@gmail.com on this topic. I am ready to take the lead and move forward.
~Deb
geesee
07-18 04:21 PM
Made my first (small) contribution of $100 today !!
Google order no. - 952531454379821
Many thanks to all of IV members !!!
Google order no. - 952531454379821
Many thanks to all of IV members !!!
more...
ajaysri
01-07 01:36 PM
I think the key is the person approving the loan needs to understand immigration to certain extent. Its important that we let the officer know up-front about our immigration status so that there are no assumptions and surprises.
ItIsNotFunny
03-11 01:34 PM
My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.
RFE email on 02/13/09
2nd Biometrics Notice received on 02/17/09
Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
Completed Code 3 Biometrics on 02/26/09
Soft LUD immediately after Biometrics on 02/26/09
USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
Another soft LUD on 03/02/09
CPO email on 03/10/09
Welcome email on 03/10/09
My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.
Congratulations! Hope you have stressless life ahead.
RFE email on 02/13/09
2nd Biometrics Notice received on 02/17/09
Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
Completed Code 3 Biometrics on 02/26/09
Soft LUD immediately after Biometrics on 02/26/09
USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
Another soft LUD on 03/02/09
CPO email on 03/10/09
Welcome email on 03/10/09
My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.
Congratulations! Hope you have stressless life ahead.
more...
GCapplicant
08-14 12:34 PM
I read in one of the Ron's post -CHc trying to stop even small immigration bills which has no amesty in it.So even the nurse recapture bill is at stake.
So ,I'm sorry -I beleive no one will even touch our case.Apply in EB2 port PD or get new PD either will be helpful .But seeing new backlog for I 140 its terrible.
I might apply for Canadian GC-Having kids here ,man they are adapted to this country living.That's the only thing bothering - kids future.
So this bill this year is at stake for sure.No one cares ...including change-what change there woudnt be any change in new party too.Its all drama going.I lost the trust.Its as if EB3 is not educated.
I'm just wondering-Will this problem be there if it were for ROW-or is it our color...that they dont want to aid.It's sure racism.
How many EB3 are there in total...Who asked them to flood the applications last year? :mad:
Its bloody hell out here.no wonder some people become saddist later half ...who woudnt when they are treated like this from begginning.
Now I have to hate myself applying in EB3.:rolleyes:
EB2 guys have been diverted from participating in any campaign now.so no bothering congressmen.
I have mailed to Senator Menendez -NJ thanking him for introducing the new bill and to do the needful.So far no news.
So ,I'm sorry -I beleive no one will even touch our case.Apply in EB2 port PD or get new PD either will be helpful .But seeing new backlog for I 140 its terrible.
I might apply for Canadian GC-Having kids here ,man they are adapted to this country living.That's the only thing bothering - kids future.
So this bill this year is at stake for sure.No one cares ...including change-what change there woudnt be any change in new party too.Its all drama going.I lost the trust.Its as if EB3 is not educated.
I'm just wondering-Will this problem be there if it were for ROW-or is it our color...that they dont want to aid.It's sure racism.
How many EB3 are there in total...Who asked them to flood the applications last year? :mad:
Its bloody hell out here.no wonder some people become saddist later half ...who woudnt when they are treated like this from begginning.
Now I have to hate myself applying in EB3.:rolleyes:
EB2 guys have been diverted from participating in any campaign now.so no bothering congressmen.
I have mailed to Senator Menendez -NJ thanking him for introducing the new bill and to do the needful.So far no news.
ssk1127
08-23 06:14 PM
I am just a reader of IV but this article made me to reply and below are my thoughts regarding the PM
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
more...
tnite
07-11 08:02 AM
Does someone know by how many months EB2 has jumped??
little more than 2 yrs
little more than 2 yrs
hopefullegalimmigrant
01-07 02:17 PM
Guys
I just checked my status - It is now "Document mailed to applicant"
this can mean many things. I will update all once I see the document
Please keep updating your status in this thread as you see something happen
We've just gotta keep cool. Thanda thanda pani.
I just checked my status - It is now "Document mailed to applicant"
this can mean many things. I will update all once I see the document
Please keep updating your status in this thread as you see something happen
We've just gotta keep cool. Thanda thanda pani.
more...
CADude
07-21 12:49 PM
Why to remove? Please ignore and don't read if you don't like. Put self constaint buddy.
Grim EAD situtation , Oh my god!
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
Hello,
A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.
Please remove this thread .
Regards,
Zee.
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Grim EAD situtation , Oh my god!
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
Hello,
A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.
Please remove this thread .
Regards,
Zee.
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Libra
09-14 02:32 PM
bump
more...
rbhatia88
07-28 10:44 PM
Urgent- Please help I-485 issue
I filed for I-485 for my son on 2nd July but did not receive the receipt so far. My son is turning 21 next month, my lawyer is guiding me to file for F-1 for my son to be on the safe side. Is filing for F-1 going to effect the I-485. What will happen if approved F-1 comes before receipt?
Anyone can help me with this issue?
I filed for I-485 for my son on 2nd July but did not receive the receipt so far. My son is turning 21 next month, my lawyer is guiding me to file for F-1 for my son to be on the safe side. Is filing for F-1 going to effect the I-485. What will happen if approved F-1 comes before receipt?
Anyone can help me with this issue?
chandsri81
04-28 01:52 PM
Thank you!
Mine's a conventional loan - will the same guidelines apply?
We have sent them all the documents - we should know in about 2 weeks
Mine's a conventional loan - will the same guidelines apply?
We have sent them all the documents - we should know in about 2 weeks
ronhira
07-06 03:21 PM
what is this suppose to mean, should I be scared
ronhira,
Your post was reported a vulgar by another member. We do not encourage vulgar indecent language on the forum. You have left us with no other choice but to verify you, or else we will be left with no other choice to ban you from IV website. Please send us a phone number to reach you, or call us at 202/386-6250. If we do not hear from you in next hour, we will be forced to ban you.
We value our message and do not allow others to use IV website to harm our goal.
Please contact us immediately.
IV team
ronhira,
Your post was reported a vulgar by another member. We do not encourage vulgar indecent language on the forum. You have left us with no other choice but to verify you, or else we will be left with no other choice to ban you from IV website. Please send us a phone number to reach you, or call us at 202/386-6250. If we do not hear from you in next hour, we will be forced to ban you.
We value our message and do not allow others to use IV website to harm our goal.
Please contact us immediately.
IV team
Chandini
09-10 03:23 PM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
rajuram
12-18 02:09 PM
I have been wanting to post this for the last few days and was happy to read this thread.........can we do something like an Immigrant's Boycott Day or something where we should do a mass boycott all over the country.....we need to coordinate this across the entire country and do a gandhi style protest.....but we need atleast maybe 1000 people per city to do it.....I am not sure how difficult it is to get that many people.....but that seems to be the only way to create an Impact.......WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION........its like when all the mexican farmers stopped working on the strawberry farms.....there were no strawberries in the market....I am in the Detroit, MI area.... we need to come up with a list of big cities where we can get 1000 people per city.
Hit them where it hurts the most.
I do not agree with ideas such as this one. We have to be careful not to attract any negative publicity. It is all about perceptions, lets not add to all the negative attitude towards aliens.
Hit them where it hurts the most.
I do not agree with ideas such as this one. We have to be careful not to attract any negative publicity. It is all about perceptions, lets not add to all the negative attitude towards aliens.
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