desi3933
07-10 09:15 AM
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ 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.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ 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.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
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mike_2000_la
06-08 06:23 PM
My case was received by NSC on JUN 1st. They issued the recipt numbers on JUN 5th. I am still waiting on my wifes. They could clear on Monday.. Looks like NSC is also trying to speed up things. They are just one day slower than TSC in issuing recepts.
So your LIN number should be like...
LIN-07-175-5-xxxx
can you confirm?
So your LIN number should be like...
LIN-07-175-5-xxxx
can you confirm?
sanjay
08-28 12:22 PM
Received card production ordered email yesterday evening.
RD: 7/02/2008 , Approval: 8/27/2008
RD: 7/02/2008 , Approval: 8/27/2008
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bekugc
04-16 01:05 PM
endlesswait;
there is a definite procedure, we follow it with appropriate paperwork and itll get done.
only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.
a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
i think it wud be similar to eb3-eb2
OLD eb2 labor applied - dec 2002
eb2 perm labor approved - july 2005
140/485 for perm labor filed - sept 2005
140 perm approved nov 2005
old eb2 labor backlog approved - dec 2006
140 for old labor approved - jan 2007 ( premium pr)
succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...
in april, he got appproval for 485, no RFE, card arrived direct in mail.
thx
there is a definite procedure, we follow it with appropriate paperwork and itll get done.
only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.
a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
i think it wud be similar to eb3-eb2
OLD eb2 labor applied - dec 2002
eb2 perm labor approved - july 2005
140/485 for perm labor filed - sept 2005
140 perm approved nov 2005
old eb2 labor backlog approved - dec 2006
140 for old labor approved - jan 2007 ( premium pr)
succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...
in april, he got appproval for 485, no RFE, card arrived direct in mail.
thx
more...
EADplease
09-20 03:59 PM
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
EADplease,
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
We're anxiously waiting for the receipt notice in the mail...
EADplease,
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
walking_dude
10-09 10:21 AM
People are so 'adjusted' to standing in the queue, they want to make the queue permanent for themselves, as well as others. Reminds me of a story where a gentleman asked for a boon from God to turn him 'blind in one eye' so that his neighbor, who asked God that he be given twice the first one asked, will be blind in both eyes!
What does ending 'Retrogression' have to do with PDs? If retrogression ends, it means everyone will get GC in 6 months to a year. Even those with earlier PDs benefit along with newer PDs. No one's left out (except for FBI name check which doesn't honor PD now anyways!). I can't understand why people have problem with that, when they have equal chances of getting Permanent along with others.
PDs are irrelevant for EB1, EB2 ROW etc. No one cares or probably even knows their PD in those categories. PD is comparable to Jail system to keep people locked up ( 'your time to get out has not come yet'). Making dates current is freeing everyone from this Jail together. But some people don't want it to happen. Arguments such as 'I spent 6-7 years waiting, others should also wait' is immature and childish. I can understand 5 year tots making such kiddish demands. It's sad to see mature grownups acting such childish manner. Some people have become adjusted so much to 'Retrogression System Jail' they never want it to end , like the way Mr. Red ( Morgan Freeman) is scared of leaving the jail in the 'Shawshank Redemption', as life without the jail (Retrogression) scares them!
There is a medical term to describe this mental condition 'Crab Mentality', which is often used to describe Alcoholics and Drug Addicts. Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?
This is my last post on the subject. I've better things to do ( my chapter meeting, IV action items etc.) than waste time arguing with arm-chair pundits.
You must be one of those who is retrogressed and is hoping that somehow the Government will remove retrogression and you will be one of the lucky few who will magically slime through while there are others who were way ahead of you in the queue still waiting. Therefore I understand your anger whenever someone talks about honouring queues. It is human psychology. When we are at the beginning of a queue, we prefer that queues are honored and we are at the end of the queue, we wish we could somehow get to the beginning. There is no rocket science involved here. You are human too.
What does ending 'Retrogression' have to do with PDs? If retrogression ends, it means everyone will get GC in 6 months to a year. Even those with earlier PDs benefit along with newer PDs. No one's left out (except for FBI name check which doesn't honor PD now anyways!). I can't understand why people have problem with that, when they have equal chances of getting Permanent along with others.
PDs are irrelevant for EB1, EB2 ROW etc. No one cares or probably even knows their PD in those categories. PD is comparable to Jail system to keep people locked up ( 'your time to get out has not come yet'). Making dates current is freeing everyone from this Jail together. But some people don't want it to happen. Arguments such as 'I spent 6-7 years waiting, others should also wait' is immature and childish. I can understand 5 year tots making such kiddish demands. It's sad to see mature grownups acting such childish manner. Some people have become adjusted so much to 'Retrogression System Jail' they never want it to end , like the way Mr. Red ( Morgan Freeman) is scared of leaving the jail in the 'Shawshank Redemption', as life without the jail (Retrogression) scares them!
There is a medical term to describe this mental condition 'Crab Mentality', which is often used to describe Alcoholics and Drug Addicts. Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?
This is my last post on the subject. I've better things to do ( my chapter meeting, IV action items etc.) than waste time arguing with arm-chair pundits.
You must be one of those who is retrogressed and is hoping that somehow the Government will remove retrogression and you will be one of the lucky few who will magically slime through while there are others who were way ahead of you in the queue still waiting. Therefore I understand your anger whenever someone talks about honouring queues. It is human psychology. When we are at the beginning of a queue, we prefer that queues are honored and we are at the end of the queue, we wish we could somehow get to the beginning. There is no rocket science involved here. You are human too.
more...
missourian
09-27 10:29 PM
see my signature, no receipts till date money order not cashed, Called USCIS got an answer.... "Not yet in the System", but IO told me there is a big junk of files and it will be processed in next 30 or 40 days.
Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts
Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts
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makemygc
08-02 10:00 AM
/\/\/\/\
Bump
Just checking if anyone in this thread got his/her check encashed this morning.
Bump
Just checking if anyone in this thread got his/her check encashed this morning.
more...
sledge_hammer
04-22 08:02 AM
The news is terrible...
But I admire the courage he showed during his difficult times.
I agree with you dealsnet. We, the members of IV, should take up this issue and try to help his family.
ArkBird, any ideas how we can help?
We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
But I admire the courage he showed during his difficult times.
I agree with you dealsnet. We, the members of IV, should take up this issue and try to help his family.
ArkBird, any ideas how we can help?
We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
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simple1
05-02 01:07 AM
Thanks a lot lost_in_migration for providing supporting docs.
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
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
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
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
more...
anotheroneonqueue
08-26 03:36 PM
I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
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EB3_SEP04
08-12 06:23 PM
What I did till now.
1) Contacted Senator/Congressman/Governor
2) Filled 7001 form for Ombudsman
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications.
4) Strange thing applied EAD on July 15th 2008 and got approved today august 12 2008.
Did you do all this for EAD?
1) Contacted Senator/Congressman/Governor
2) Filled 7001 form for Ombudsman
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications.
4) Strange thing applied EAD on July 15th 2008 and got approved today august 12 2008.
Did you do all this for EAD?
more...
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saketkapur
03-18 11:27 AM
Had opened my 2nd SR on March 1st....asked to call back on April 3rd if still no notices........:o
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svg108
05-23 11:18 PM
Sent emails to all the senators in the list.
Nicely done Logiclife.
Thanks
-SG
Nicely done Logiclife.
Thanks
-SG
more...
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sanju
10-09 01:39 PM
I gave more points to PD month than experience month.
If you think its more complexes then I will go with PD only.
New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company�s LC in group because my company didn�t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.
So let�s keep only PD as only preference.
ok then, PD it is, going 1, 2 3..... done!
From now on, the via numbers will be allocated based on priority dates because 'Few good men' said it on this thread.
If you think its more complexes then I will go with PD only.
New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company�s LC in group because my company didn�t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.
So let�s keep only PD as only preference.
ok then, PD it is, going 1, 2 3..... done!
From now on, the via numbers will be allocated based on priority dates because 'Few good men' said it on this thread.
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sam2006
08-24 07:11 PM
July 3rd R.Williams 7.44 AM NSC
140 Approved TSC
LUD 07-28
No CC
NO RN
my guess: Look at TSC Processing dates
140 Approved TSC
LUD 07-28
No CC
NO RN
my guess: Look at TSC Processing dates
more...
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JunRN
09-12 05:53 PM
My lawyers sent all their applications to NSC, irrespective of where I 140 was processed. In reality i dont think there was any directive from USCIS askingthem not to do so.
Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
my I140 was cleared in Texas. So far nothing.
Its good to hear July 31st people getting updates.. gives me reason to cheer!!
A
Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.
Hopefully, your Receipts will come soon.
Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
my I140 was cleared in Texas. So far nothing.
Its good to hear July 31st people getting updates.. gives me reason to cheer!!
A
Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.
Hopefully, your Receipts will come soon.
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Raju
07-02 09:59 AM
My attorney sent me an email yesterday that my application along with some others applications were filed and they will reach USCIS on July 2nd. They did not send me the tracking number as they are busy working on other cases. I am glad that they filed it and I am happy that thier priorities are right(apply as many as they can ASAP). So, I think my application will reach there sometime today.
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mirage
03-15 11:23 PM
There is very simple reason for this, during 1999-2002 H1B cap was raised to 190,000 even if you make a guess on the lower side more than 50% of these H1Bs went to Indians, so atleast 200,000 Indians entered US between 1999 when these people filed their Green Cards most of them filed under EB-3, b'cause retrogression wasn't there and everthing was current, lot of people, who were in the states where labor took less time, kept getting their green cards, in the meantime a huge chunk of people from states like NJ, NY, TX, CA got stuck at the labor stage with PD in 2000 and up. So basically lot of 2002 & above got cleared but these people with older PDs were stuck. Now when these Labors are cleared, with just 3300 Green Card numbers every year, it'll take 20 years or more for EB-3 cut-off dates to move to 2009.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
magicmonkey
08-22 02:22 PM
EB3/PD: NOV 2004
Send I485 11th Jul
I40 approved June2007
RD:
ND :
Send I485 11th Jul
I40 approved June2007
RD:
ND :
pappu
06-28 04:47 PM
Hello LCtank,
Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.
If anybody has more of such suggestions/leads please send them across and help this effort.
Thanks again,
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.
If anybody has more of such suggestions/leads please send them across and help this effort.
Thanks again,
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
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