sbabunle
12-26 07:48 PM
Munna Bhai
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
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willIWill
11-11 06:01 PM
Questions about Quarterly Spill Over with respect to Yearly Country Limit.
Since we are on this Topic, Do any IV Users know or can point links to articles/statute for the following questions to gain a better understanding ?
- Is the ‘Yearly per Country Quota’ broken down and established for every Quarter? I.e. 1/4th of the 7% yearly limit
- So if assuming the quarterly Country quota holds and the USCIS does the spillover to the over subscribed countries in one quarter.
Then for the next quarter what numbers will they assess for the quota count? Is it just the standard quarterly limit or the ‘quarterly limit + the spill over that they did the previous quarter’? And what if that exceeds the 7% yearly limit and how will they proceed forward from there.
Thanks.
Since we are on this Topic, Do any IV Users know or can point links to articles/statute for the following questions to gain a better understanding ?
- Is the ‘Yearly per Country Quota’ broken down and established for every Quarter? I.e. 1/4th of the 7% yearly limit
- So if assuming the quarterly Country quota holds and the USCIS does the spillover to the over subscribed countries in one quarter.
Then for the next quarter what numbers will they assess for the quota count? Is it just the standard quarterly limit or the ‘quarterly limit + the spill over that they did the previous quarter’? And what if that exceeds the 7% yearly limit and how will they proceed forward from there.
Thanks.
ronhira
04-11 06:05 PM
Good point. I appreciate your hard work.
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
2011 funny drunk quotes. funny
gk_2000
08-10 03:19 PM
EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:
Sir,
Thanks for your valuable contribution with "relevant" post
Sir,
Thanks for your valuable contribution with "relevant" post
more...
rockstart
03-12 11:56 AM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
Check your Perm Labor Section F column 2
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
Check your Perm Labor Section F column 2
mahujam
10-15 04:40 PM
People who want a copy of their LCA/I-140, please send that in before this. This will create a real large queue and you won't ever get your copy.
Do we all need to do this ?
-M
Do we all need to do this ?
-M
more...
moonrah
07-02 10:23 PM
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
Whatever you are saying is true for Family based categories. Employement category is defined to have skilled immigrants to help US businesses, that is why it is called employment based category. Let me explain you what you are saying. You are saying that I will ask compnay A to wait for five years to give promotion to person X, because quotas for his country are not available, and until he gets his green card he can not get promotion, instead give promotion to person Y which is less qualified but can get green card next month since his country has quotas available. Now does it make sense for company A to give promotion to less qualified person just because person X can not get his green card? Company won't do that and will end up sponsoring another qualified person. Or let me explain you in different way. If certain company has need for specific skill for long term and provided that there are not enough citizens to do that job, in this case company has to sponsor an immigrant, but since the requirement is for long term, company doesn't want him to be on immigrant visa for long term because sponsoring immigrant visa means money and more liability. In this case, even though company has much better match from a country whose immigrant visa are not available for many years, company might end up taking immigrant who is less qualified for the job. And company might say that, we can not take you since you won't be able to get green card for many years. If company does that then it would be an discrimination, but company doesn't have any choice.
Initially, it would have been good idea to have country limits because nobody was anticipating this kind of backlogs. But in current situation it doesn't make sense to keep it like that way. Goverment understands it, but they don't want to do anything because this has become political issue because of groups which represent illegal immigrants. With time goverment and companies have to be practicle and change policies or laws. This has been happening and it should happen, particularly when it doesn't make sense. For goverment diversity is important but for company getting job done is more important. And primary purpose of EB category is to get things done.
Whatever you are saying is true for Family based categories. Employement category is defined to have skilled immigrants to help US businesses, that is why it is called employment based category. Let me explain you what you are saying. You are saying that I will ask compnay A to wait for five years to give promotion to person X, because quotas for his country are not available, and until he gets his green card he can not get promotion, instead give promotion to person Y which is less qualified but can get green card next month since his country has quotas available. Now does it make sense for company A to give promotion to less qualified person just because person X can not get his green card? Company won't do that and will end up sponsoring another qualified person. Or let me explain you in different way. If certain company has need for specific skill for long term and provided that there are not enough citizens to do that job, in this case company has to sponsor an immigrant, but since the requirement is for long term, company doesn't want him to be on immigrant visa for long term because sponsoring immigrant visa means money and more liability. In this case, even though company has much better match from a country whose immigrant visa are not available for many years, company might end up taking immigrant who is less qualified for the job. And company might say that, we can not take you since you won't be able to get green card for many years. If company does that then it would be an discrimination, but company doesn't have any choice.
Initially, it would have been good idea to have country limits because nobody was anticipating this kind of backlogs. But in current situation it doesn't make sense to keep it like that way. Goverment understands it, but they don't want to do anything because this has become political issue because of groups which represent illegal immigrants. With time goverment and companies have to be practicle and change policies or laws. This has been happening and it should happen, particularly when it doesn't make sense. For goverment diversity is important but for company getting job done is more important. And primary purpose of EB category is to get things done.
2010 Great Drinking Quotes Beer
ARUNRAMANATHAN
07-13 12:33 AM
well most the people are blood suckers ......until they grow up !
When they are a small start up firm they work for you ...after that it is the clerk who works for you not even a legal person.
Arun
When they are a small start up firm they work for you ...after that it is the clerk who works for you not even a legal person.
Arun
more...
tinku01
02-20 03:02 PM
these type of posts keep you moving with this GC Process. Mine is EB2 June, I hope it would also become current in coming months.:p
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leoindiano
03-17 10:18 AM
Porting cases needs more research and with USCIS performance, you can say that it may have little impact on 2004 cases. The substitution cases filed in July are of 2005 and after cases. 2003 and 2004 cases all substituted before and i believe that is what created this mess for you and me.
more...
nat23
06-11 12:05 PM
Sent
hot 2010 Funny Drinking Quotes
desi3933
03-10 02:55 PM
From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
more...
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alex99
04-08 09:05 AM
Thanks for your response BharatPremi .
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Positive
11-11 08:25 AM
At the minimum legal action will force someone to look into what is going on here. I don't think that AILA is going to partner with us in this initiative.
more...
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webm
05-08 10:00 PM
I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Congrats!! pal..
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Congrats!! pal..
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ashishgour
09-10 01:19 PM
nebody seeing the proceedings...or jus the eagle???
more...
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Marphad
02-07 01:52 PM
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
Apply little logic and prove me why other countries will not get a chance.
Sometimes people make argument without even thinking for a second based on some personal emotional belief.
Apply little logic and prove me why other countries will not get a chance.
Sometimes people make argument without even thinking for a second based on some personal emotional belief.
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sledge_hammer
06-19 04:59 PM
Do we use form G-325 or G-325A?
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mirage
02-03 11:28 AM
The Obama administration is boasting on 'Equality amongst unequals', I am going to ask as many lawmakers I can, where is the equality for us, why immigrants are not eqal, where are our human right ? where is our Liberty ? why a Fijian who reports to me got in the country last year and got his green card and I'm waiting for 6 years now...
ramus
07-02 08:16 PM
Sashi,
Thank you.. Please ask other members to contribute... put post in main thred on home page...
Confirmation Number: 34850160M9463882Y.
Thanks and keep up the good work - Sashi
Thank you.. Please ask other members to contribute... put post in main thred on home page...
Confirmation Number: 34850160M9463882Y.
Thanks and keep up the good work - Sashi
sunny1000
09-19 11:47 PM
Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.
It makes no sense to through that away
Good point...
One thing we can do immediately is to add the words " An organisation of Legal Immigrants" or something to that effect under the globe which says immigration voice on it on the top left corner of the web page. This will immediately make know of our status to those who visit us..Just my 25 cents...;)
It makes no sense to through that away
Good point...
One thing we can do immediately is to add the words " An organisation of Legal Immigrants" or something to that effect under the globe which says immigration voice on it on the top left corner of the web page. This will immediately make know of our status to those who visit us..Just my 25 cents...;)
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