pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(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 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.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(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 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.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
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anilsal
12-11 08:00 AM
Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
dtekkedil
07-10 08:06 AM
sorry do not have fax ..... but if you make new thread asking people for help maybe someone can do it with you
You can send them from your local Kinkos \ Staples store. I will be sending from my local Staples.
You can send them from your local Kinkos \ Staples store. I will be sending from my local Staples.
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desiguy22042
09-23 06:54 AM
Hi mnq1979,
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
I belive my situation is the same as urs....i received mine and my wife I-485 receipts in mail but nothing related to EAD. My case is also transferred to TSC from California on Sep. 17 as my I140 is approved from TSC.
I want to ask u that how long did it take u to get ur EAD card after u received ur I485 receipt and from where ur EAD was issued, is it from CSC or TSC.
Did u received any receipt of EAD or u jst got the EAD directly.
Pls. advise. thanx
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
I belive my situation is the same as urs....i received mine and my wife I-485 receipts in mail but nothing related to EAD. My case is also transferred to TSC from California on Sep. 17 as my I140 is approved from TSC.
I want to ask u that how long did it take u to get ur EAD card after u received ur I485 receipt and from where ur EAD was issued, is it from CSC or TSC.
Did u received any receipt of EAD or u jst got the EAD directly.
Pls. advise. thanx
more...
caliducas
09-17 09:57 PM
My attorney got the receipt notices in the mail today. See my signature below.
MunnaBhai
02-04 05:18 PM
Contributed $100.00
Transaction # 2S237431VK1821121
Will contribute more.
Transaction # 2S237431VK1821121
Will contribute more.
more...
spring2000
06-20 11:35 AM
I read the news on bloomberg business channel that house is going to discuss about senate immigration bill
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Sachin_Stock
09-23 02:18 PM
Another basic information. I-140 needs to be approved on its own merit. Once it is approved, the dates would be ported. There's no such extra-scrutiny added related to "porting" exercise as such.
more...
manderson
10-20 02:34 PM
If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?
I am not trying to bring everybody down. Just weighting my options in case Plan A (i.e. SKILL Act) doesn't work. This looks like an analysis thread and a good place to play the devil's advocate...
I am not trying to bring everybody down. Just weighting my options in case Plan A (i.e. SKILL Act) doesn't work. This looks like an analysis thread and a good place to play the devil's advocate...
hair But, there is actual news to
desi3933
06-26 03:06 PM
"Until and after 1 year" - how does it save me - the word "until"
please explain for me - Thanks Much ?
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
please explain for me - Thanks Much ?
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
more...
anzerraja
07-20 08:51 AM
Thanks anjs !!!!
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
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gcisadawg
01-31 04:38 PM
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
That is very true! In very very extreme cases, you would find American companies recruiting directly from India for IT jobs! That may be like, one in 1000!
That is very true! In very very extreme cases, you would find American companies recruiting directly from India for IT jobs! That may be like, one in 1000!
more...
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bobby
07-09 11:56 AM
So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
Posted on Bender's Immigration Bulletin http://www.bibdaily.com/
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
Posted on Bender's Immigration Bulletin http://www.bibdaily.com/
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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.:)
more...
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kannan
05-19 04:39 PM
Called 3/14 the first time and was told that FP would be scheduled. Never heard so called again on 5/9 and this time was told to callback after 60 days from the initial call.
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
On May 2 nd I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,I got the letter on next wednesday and i finished my fp on may 16 .
Options That I choose
1-800-375-5283
1
2
2
6
1
R.no
1
3
4
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
On May 2 nd I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,I got the letter on next wednesday and i finished my fp on may 16 .
Options That I choose
1-800-375-5283
1
2
2
6
1
R.no
1
3
4
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GC4US
08-28 01:24 PM
My I-485, I-140 and I-765 for my wife reached Nebraska on August 17th, exactly the last day, because I was in my home country and came back on August 15th.
Obviuosly, no receipt# yet.....I think I will wait a couple of months to get it.
Could anyone, please, tell me how much you paid for 2x I-485, I-140 and I-765 for my wife. Is the correct fee: 1165$ ?
Good luck to all of you!
Obviuosly, no receipt# yet.....I think I will wait a couple of months to get it.
Could anyone, please, tell me how much you paid for 2x I-485, I-140 and I-765 for my wife. Is the correct fee: 1165$ ?
Good luck to all of you!
more...
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sunny1000
11-17 03:15 PM
Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
Yes, just enter name, phone,email and your home address and it will find your senators and U.S Rep for your address.
Yes, just enter name, phone,email and your home address and it will find your senators and U.S Rep for your address.
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vinnysuru
03-28 11:57 PM
Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
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sands_14
07-02 10:33 AM
Looks like 150,000- 200,000 applications will reach by tommorrow evening and USCIS will stop accepting even if they dont revise visa bulletin.
And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.
And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.
StuckInTheMuck
11-06 01:52 PM
Apahilaj,
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
I am July 2 filer (@TSC), still waiting for FP notice. Got I-485 receipt (ND Aug 27), and approved EAD and AP. Did not call for SR yet.
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
I am July 2 filer (@TSC), still waiting for FP notice. Got I-485 receipt (ND Aug 27), and approved EAD and AP. Did not call for SR yet.
myvoice23
08-08 10:53 AM
Last night got a message welcome notice sent.
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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