vine93
05-01 03:33 PM
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
wallpaper ashley williams mass effect 3.
soorigadu2003
07-11 09:46 AM
GREAT NEWS...
but why is USCIS website not showing Aug bulletin ?
but why is USCIS website not showing Aug bulletin ?
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
2011 ASHLEY WILLIAMS
Lisap
10-03 04:20 PM
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
Please forgive me for asking this..... but can someone please explain to me what you mean by wasted visa numbers? How is it even possible with all the backlogs and the caps on categories for uscis not to be able to use all of the visa numbers? I would love for someone to explain this to me! Thank you in advance.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
Please forgive me for asking this..... but can someone please explain to me what you mean by wasted visa numbers? How is it even possible with all the backlogs and the caps on categories for uscis not to be able to use all of the visa numbers? I would love for someone to explain this to me! Thank you in advance.
more...
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.
sam2006
09-12 11:12 PM
Done
Changed the Equation
Changed the Equation
more...
CADude
11-21 10:05 PM
If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
2010 (Mass Effect 3 - Mass Effect 3
Libra
09-11 12:15 PM
thank you param_r, ritu_raj and kittu1991 for your contributions.
more...
EndlessWait
12-15 09:29 PM
its been stuck at 2001 for so many years , except for 2007 july bulletin fiasco.
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
hair /WTFShep/HappyAshley.
go_guy123
08-13 01:08 AM
It would have been amazing if senator added 10K for each recaptured EB VISA. That would have given 1B dollars for the border security(If only senator wanted to help the so called product developing H1Bs).
You need to live in reality...it can be 10K for GC application to pay for more patrols on the mexican border but no recapture....
You need to live in reality...it can be 10K for GC application to pay for more patrols on the mexican border but no recapture....
more...
honeyB
01-23 02:25 PM
AP filed on august 16th still waiting for approval
hot ashley williams mass effect. Ashley needs more art, always!
ychousa
07-18 06:47 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
more...
house Oh hey its Ashley Williams!!
sansas
02-27 11:55 AM
Dreaming on the April Visa Bulletin in the US
How about placing a fast forward button and soon you will realized that the US Immigration DOS will issue a spectacular Visa Bulletin for April 2009. See the results of the said bulletin. The Employment base Visas will be current except China. So how did the USCIS allocate these number of Visas, for sure Obama had precedent a recapture except China.
http://nursepod.com/blog/?p=168
How about placing a fast forward button and soon you will realized that the US Immigration DOS will issue a spectacular Visa Bulletin for April 2009. See the results of the said bulletin. The Employment base Visas will be current except China. So how did the USCIS allocate these number of Visas, for sure Obama had precedent a recapture except China.
http://nursepod.com/blog/?p=168
tattoo ashley williams mass effect. character in Mass Effect.
PD_Dec2002
06-02 08:35 PM
My interpretation of:
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
more...
pictures ashley williams mass effect. I#39;ll never leave again, Ash.
ajit77
09-20 10:45 AM
Hey I was in similar situation. My current H1 is expiring on Sept 30th 2007 and my extension application was filed on Aug 22nd 2007. So I was not expecting my H1 to be approved till way beyond Sept. But then I checked with Local DMV in virginia and they told me I can get a temporary 1 year extension on my DL if I can show them the receipt of my H1 extension application. I got that from my employer and my DL by extended by 1 Yr till Aug 22 2008 ( date when H1 was applied) my state is Virginia if that info helps.
I am in a similar situation. Which DMV office did you visit in VA ?
Thanks
I am in a similar situation. Which DMV office did you visit in VA ?
Thanks
dresses best beloved mass effect
vdlrao
06-11 02:53 PM
vdlrao, Thanks ..good days are always ahead. can you tell me the reason for your optimism ? the problem I see is spillovers not going to EB3-I. at the very least they should have thrown some visas to EB3 out of pity :).
In fact that is the only hope ..i.e. other categories will be in 2006 while EB3 will be in early 2002 late 001 ..and to make it look better USCIS will give some visas to EB3-I. in either case do share your reasons ..TIA
as I mentioned in earlier post ..if EB3-I gets only the alloted visas ..that means around 30 families in a state gets a GC ..in most apartment complex(in the big cities) ..you will see more than 30 Indian families waiting for GC
Due to the lot of noice we have done,most of the law makers know theres a community called legal immigrants, and their long waiting periods due to the outdated rules. The new OBAMA government's agenda is to take the immigration reform during his first year tenure in the ffice. Once the immigration reform took place, I am pretty sure there would be significat changes in employment based category, which drastically decrease the backlogs in all EB categories.
In addtion to that "legals are first than illegals"- OBAMA. This itself is enough for clearing off all the backlogs.
In fact that is the only hope ..i.e. other categories will be in 2006 while EB3 will be in early 2002 late 001 ..and to make it look better USCIS will give some visas to EB3-I. in either case do share your reasons ..TIA
as I mentioned in earlier post ..if EB3-I gets only the alloted visas ..that means around 30 families in a state gets a GC ..in most apartment complex(in the big cities) ..you will see more than 30 Indian families waiting for GC
Due to the lot of noice we have done,most of the law makers know theres a community called legal immigrants, and their long waiting periods due to the outdated rules. The new OBAMA government's agenda is to take the immigration reform during his first year tenure in the ffice. Once the immigration reform took place, I am pretty sure there would be significat changes in employment based category, which drastically decrease the backlogs in all EB categories.
In addtion to that "legals are first than illegals"- OBAMA. This itself is enough for clearing off all the backlogs.
more...
makeup ashley williams mass effect
sri1309
09-10 05:31 PM
Guys,
Now that the delay happened, lets ask for Citizenship, . We waited 10 years, played by the rules. And we have seen the drama for the last 3-4 years. So why do you want to do these calculations, spillovers etc. We must ask our fair share,,
Think,
Sri..
Now that the delay happened, lets ask for Citizenship, . We waited 10 years, played by the rules. And we have seen the drama for the last 3-4 years. So why do you want to do these calculations, spillovers etc. We must ask our fair share,,
Think,
Sri..
girlfriend Video Game heroines: Ashley
vkannan
03-07 01:23 AM
Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
Oh yeah, I hear you; I personally know many of my ex-colleagues in a big IT sourcing company who came to US in L1A got their GC through EB1 category within a matter of 6-8 months.....last years 180 rule change does benefit most of these fortunate guys.....
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
Oh yeah, I hear you; I personally know many of my ex-colleagues in a big IT sourcing company who came to US in L1A got their GC through EB1 category within a matter of 6-8 months.....last years 180 rule change does benefit most of these fortunate guys.....
hairstyles So Mass Effect 3 is due out
Libra
09-13 04:30 PM
thank you GCNaseeb and sunty for contribution. LET'S GO TO DC.
$100 Sent thru Paypal. (ID #9U1869976C484994N)
Go IV Go.
$100 Sent thru Paypal. (ID #9U1869976C484994N)
Go IV Go.
seahawks
07-17 11:42 PM
receipt date if your PD is current.
Green.Tech
06-02 10:55 AM
Don't let the visa bulletins work you every month, every year, year after year....Support IV to make the visa bulletins work for you...
No comments:
Post a Comment