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conundrum
09-15 05:21 PM
I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!
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engineer
10-01 04:14 PM
I am curious..
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
sri1309
03-12 11:50 AM
Not true. Anybody donates will get Donor status. This is started for last few days, so people who donated in last few days get this. Pappu mentioned that he is planning to cross reference this with old donations but not sure whats happening there.
Pappu,
In that case I have sent $100 about an year back, and the memo section does say my account name as "sri1309". It was sent by Money order. Can you please change my status as Donor. I like that.
Also I posted one thread just now "lets start writing to Zoe".. Can you please let me know if there is some moderation step which is taking time. Earlier it used to be instantly posted.
ItsFunny,
Thanks,
Pappu,
In that case I have sent $100 about an year back, and the memo section does say my account name as "sri1309". It was sent by Money order. Can you please change my status as Donor. I like that.
Also I posted one thread just now "lets start writing to Zoe".. Can you please let me know if there is some moderation step which is taking time. Earlier it used to be instantly posted.
ItsFunny,
Thanks,
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
more...
asanghi
04-30 02:35 PM
Somebody starts to speak.
a_yaja
07-24 04:47 PM
Folks,
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
more...
validIV
04-17 10:19 AM
What is the visa or immigration status of a person who has H4 visa and 485 pending (has EAD also)?
Can be either H4 or AOS
Can be either H4 or AOS
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vparam
09-18 09:41 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
more...
p7810456
02-08 05:04 PM
Guys
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
why is it a good thing?
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
why is it a good thing?
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ajay
10-21 02:40 PM
I would like to know if anybody got any response to their mails. It has been a great effort from good guys out here and I hope we get a positive respose from the respective people.
Please share your experiences if anybody has got any response.
Thanks
Please share your experiences if anybody has got any response.
Thanks
more...
mango_man
06-11 08:59 PM
ek dozen kitne mein girega mere bhai ?
how much for a dozen my friend...lol :D
If I buy mangoes from you, can you get me a green card ?
I am not selling mangoes. I am just asking you to eat it. I cant believe that you are so desperate to get green card that you will even buy mangoes to get it.
You guys need to have more sex. You will be a little less desperate in life.
how much for a dozen my friend...lol :D
If I buy mangoes from you, can you get me a green card ?
I am not selling mangoes. I am just asking you to eat it. I cant believe that you are so desperate to get green card that you will even buy mangoes to get it.
You guys need to have more sex. You will be a little less desperate in life.
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makemygc
07-06 02:49 PM
We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
__________________________________________________ ______________
definitely if the result on Monday is the reversal of USCIS decision and July is open again.
__________________________________________________ ______________
definitely if the result on Monday is the reversal of USCIS decision and July is open again.
more...
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Suva
09-01 09:20 AM
Landed in April, 2000. Filed labor in Dec, 2004. 6 years and still counting.
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9years
10-28 01:47 PM
Hi All,
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
more...
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h1techSlave
10-01 11:11 AM
It is so confusing that I do not know how to explain the whole thing.
Here is a small sample.
In 2002 all the EB visas were issued(174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).
Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
I am seeing two specific bottlenecks.
1. Delay in USCIS to process applications. This is an area, that we can do something. And I am already seeing a huge improvement from USCIS in terms of fast processing.
2. Delay in FBI namecheck. Again this is an area we can do something. I don't know what, but there should be something that we can do. Many of my friends have been writing to Laura Bush explaining their FBI namecheck bottleneck and a few of them got positive results.
Here is a small sample.
In 2002 all the EB visas were issued(174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).
Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
I am seeing two specific bottlenecks.
1. Delay in USCIS to process applications. This is an area, that we can do something. And I am already seeing a huge improvement from USCIS in terms of fast processing.
2. Delay in FBI namecheck. Again this is an area we can do something. I don't know what, but there should be something that we can do. Many of my friends have been writing to Laura Bush explaining their FBI namecheck bottleneck and a few of them got positive results.
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lahiribaba
07-06 01:51 AM
Instead of hiring a full time lobbyist why dont we hire a full time manager who will contact IV members and drive funding drives , organize campaigns , send and spam USCIS with emails flowers and faxes and keep it moving. Heck may be we can even offshore and outsource it. Take a look at YourManInIndia (http://www.yourmaninindia.com/) . At 7$ per hour this wont take much. Lets take the help of our brothers and sisters in Inda to get GC .. let them help us while we help them..
~~~~~~~~~~~~~~~~~~~~~~~~~~~
But we're never gonna survive, unless...
We get a little crazy
No we're never gonna survive, unless...
We are a little...
Crazy...crazy...crazy...
~~~~~~~ Seal ~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~
But we're never gonna survive, unless...
We get a little crazy
No we're never gonna survive, unless...
We are a little...
Crazy...crazy...crazy...
~~~~~~~ Seal ~~~~~~~~~~
more...
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danu2007
05-22 05:02 PM
I have made a one time contribution of $100.
Receipt ID: 97J49355KG857603M
Thanks
Receipt ID: 97J49355KG857603M
Thanks
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jimytomy
04-12 06:49 AM
...nothing yet.
Did anyone else get any update?
We all hope you see ( Green Light) light at the end of tunnel ...soon
Did anyone else get any update?
We all hope you see ( Green Light) light at the end of tunnel ...soon
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Jaime
07-20 11:41 AM
Guys, don't be disappointed about the Cornyn amendment failing! Here's why:
There is a lot of noise already (thanks to IV generating it) about the injustices that we legals face, and the urgent need to reform the legal GC path. I am thinking that senators have heard our friend Zoe and are now realizing that such reform is needed and are now trying to determine how to best use or spin such a potential reform in their party's favor. Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.
What we REALLY NEED TO DO right now is support IV as much as we can, and continue to create noise and get our VOICE be heard, but we need to act as a group, as a team. Work together, be heard everywhere. Enough already with us being quiet, keeping our heads down while paying taxes and taking all the abuse! We will continue to be great citizens, meet all our duties and obligations, but this time we will ALSO BE HEARD! Let's go! We're strong! We can do this!!!!!
There is a lot of noise already (thanks to IV generating it) about the injustices that we legals face, and the urgent need to reform the legal GC path. I am thinking that senators have heard our friend Zoe and are now realizing that such reform is needed and are now trying to determine how to best use or spin such a potential reform in their party's favor. Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.
What we REALLY NEED TO DO right now is support IV as much as we can, and continue to create noise and get our VOICE be heard, but we need to act as a group, as a team. Work together, be heard everywhere. Enough already with us being quiet, keeping our heads down while paying taxes and taking all the abuse! We will continue to be great citizens, meet all our duties and obligations, but this time we will ALSO BE HEARD! Let's go! We're strong! We can do this!!!!!
add78
06-11 09:41 AM
Even if one member donates $100 in one calendar year to IV, it will make a huge impact in your own cause. And that just comes to 27 cents a day!!!!. Think about how much you spend on a cup of coffee or that vending machine at work or tipping at restaurants or a hair salon, folks, I am sure you can set aside 27 cents a day to help your own cause. Please donate at least $100 in a year to IV. As you have already seen, this small investment does pay handily in rewards like July visa bulletin, Admin fixes, EADs and other numerous bills/fixes/reliefs.
Donate generously, and get others to join IV.
Thank You.
Donate generously, and get others to join IV.
Thank You.
willwin
04-03 10:00 AM
Administrator,
can you please CLOSE this thread, please ?
1) It's annoying to see grown up ppl fight like children.
2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
3) we do not need internecine fights, that digress's from our mission.
4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.
I humbly request you to put this to rest by closing this thread.
Amen.
can you please CLOSE this thread, please ?
1) It's annoying to see grown up ppl fight like children.
2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
3) we do not need internecine fights, that digress's from our mission.
4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.
I humbly request you to put this to rest by closing this thread.
Amen.
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