morchu
05-04 09:54 PM
See the post of "vbkris77".
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
wallpaper Complete Digital Backgrounds
coolman
10-04 03:07 PM
Applied on July 19th,NSC..no news yet..
tonyHK12
02-25 04:08 PM
Contributed another $50 (Transaction ID: 71P262761L0967946)
Tony, what is the deadline for raising the money?
thanks indigokiwi. The deadline is end of March, but we would like a large amount of this raised much earlier, since it involves making reservations, booking appointments, for Eg. with the lobbyist.
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
Tony, what is the deadline for raising the money?
thanks indigokiwi. The deadline is end of March, but we would like a large amount of this raised much earlier, since it involves making reservations, booking appointments, for Eg. with the lobbyist.
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
2011 WITH GREEN SCREEN WIZARD.
andy garcia
10-09 02:09 PM
ok then, PD it is, going 1, 2 3..... done!
From now on, the via numbers will be allocated based on priority dates because 'Few good men' said it on this thread.
About giving GC based on age.
I am 55.
Any takers?Get behind me.
From now on, the via numbers will be allocated based on priority dates because 'Few good men' said it on this thread.
About giving GC based on age.
I am 55.
Any takers?Get behind me.
more...
sushilup
08-18 04:07 PM
Hello Guys,
I filed on july 7th and still waiting.
My case little different, my 485 pending at Nebraska and I mailed EAD renewal at Texas (because I live in PA, per instructions in form).
Do you think my EAD will get stuck because of this? I hope I did right thing.
Is any one similar situation
Thanx
I filed on july 7th and still waiting.
My case little different, my 485 pending at Nebraska and I mailed EAD renewal at Texas (because I live in PA, per instructions in form).
Do you think my EAD will get stuck because of this? I hope I did right thing.
Is any one similar situation
Thanx
pd_recapturing
04-25 03:41 PM
I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?
more...
gc28262
07-19 07:56 PM
My thoughts:
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
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another_wei
08-24 08:45 PM
Mailed I-485 on July 19th
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
more...
arnet
06-28 03:20 PM
thanks waldenpond.
hair a digital #39;green-screen#39;
GCBy3000
07-19 11:13 PM
I am in for $100.
By the way if we have 20,000 members and even if each pledge $5, we can reimburse the core team expenses. How often we have to teach and tell the Math to our so called highly skilled free riders.
Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.
By the way if we have 20,000 members and even if each pledge $5, we can reimburse the core team expenses. How often we have to teach and tell the Math to our so called highly skilled free riders.
Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.
more...
sss9i
09-17 05:17 PM
PD: June 2007
Labor:EB2
I-140,I-485,I-765,I-131 filed: 08/01/2007
Received at NSC:08/02/2007
Receipt dated: 08/02/2007
Notice Date : 09/11/2007
Not attending DC rally due to personal reasons.I am from Phoenix.
Best of luck to all of you. We are all in this together and I'm sure We will Success.
Transaction ID: 0P237601M6361433A. I will contribute more.
Labor:EB2
I-140,I-485,I-765,I-131 filed: 08/01/2007
Received at NSC:08/02/2007
Receipt dated: 08/02/2007
Notice Date : 09/11/2007
Not attending DC rally due to personal reasons.I am from Phoenix.
Best of luck to all of you. We are all in this together and I'm sure We will Success.
Transaction ID: 0P237601M6361433A. I will contribute more.
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ramus
07-08 05:57 PM
I was working on DC but so far just received 30 votes..
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
Hi,
I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.
Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.
I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
Hi,
I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.
Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.
I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.
more...
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krishnam70
07-05 11:26 AM
Sorry - I had no idea what this thread was about.
Apologize, did not realize that fact. Can the thread owner please update the thread title and add some description.
Apologize, did not realize that fact. Can the thread owner please update the thread title and add some description.
tattoo “Green Screen Wizard
go_getter007
12-17 06:58 PM
There are friends in India who are not even considering to come to the US since they are very happy with their jobs in India after their post-graduate degrees (including a few folks from IIMs).
If memory serves me right, I read in one of my company's presentations that 40,000 Indians have relocated to Bangalore in the last 10 years. I know of at least 12 folks who went back and are living happily there.
I realize that the number of folks coming to the US on several visas (B, F, H, J, L etc.) is much higher than 40,000, but a decade ago, when I came to this country, people wouldn't even think about relocating - so, things are changing.
Relocating is obviously a personal choice based on several personal factors. I consider myself lucky in that like many of you at least I have an option to go back to a country with a strong economy, if GC doesn't work out in a timely fashion.
Good luck.
GG_007
Personally, I think I'm beginning to see the shift in attitudes of young Indians now visiting the U.S. - of course, many will be tempted to stay in due course, and most of us here do truly appreciate what this country has to offer.
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
If memory serves me right, I read in one of my company's presentations that 40,000 Indians have relocated to Bangalore in the last 10 years. I know of at least 12 folks who went back and are living happily there.
I realize that the number of folks coming to the US on several visas (B, F, H, J, L etc.) is much higher than 40,000, but a decade ago, when I came to this country, people wouldn't even think about relocating - so, things are changing.
Relocating is obviously a personal choice based on several personal factors. I consider myself lucky in that like many of you at least I have an option to go back to a country with a strong economy, if GC doesn't work out in a timely fashion.
Good luck.
GG_007
Personally, I think I'm beginning to see the shift in attitudes of young Indians now visiting the U.S. - of course, many will be tempted to stay in due course, and most of us here do truly appreciate what this country has to offer.
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
more...
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lasvegas
02-05 04:10 PM
I google'ed and came across not-so-good information about this.
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
Gurus, anybody did canada landing after applying I-485 during July2nd? What was the experience like? Can immigration officers on both sides USA, Canada consider this conflicting on the grouds of " INTENT " ?
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
Gurus, anybody did canada landing after applying I-485 during July2nd? What was the experience like? Can immigration officers on both sides USA, Canada consider this conflicting on the grouds of " INTENT " ?
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javadeveloper
09-26 01:32 PM
We can change job after 180 days after receipt Date or Notice Date??
more...
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dixie
12-11 10:59 AM
It would be naive and untenable for us to openly ask the lawmakers to limit H1-Bs even while we ourselves on the same visa (and will be for the near future) - it amounts to tacitly acknowledging that H1-Bs are somehow harmful to this country. It wouldn't be any better than numbersUSA saying out with the immigrants even as they themselves are descendants of immigrants.
Our "friends" would love a deal like that .. first use all legal immigrants to oppose the 12 million illegals, then use us to get rid of H1-B, next use us against FB applicants and finally when EBs are too small a group to stand up for themselves, crush them with a sledgehammer !! Cant think of a more elegant application of divide and conquer. So, sorry we are not going to strike any sort of a "deal" with the other side - because the only deal that works for them is out with ALL immigrants. H1-B or GC, legal or illegal are nuances that simply dont exist for them.
Our "friends" would love a deal like that .. first use all legal immigrants to oppose the 12 million illegals, then use us to get rid of H1-B, next use us against FB applicants and finally when EBs are too small a group to stand up for themselves, crush them with a sledgehammer !! Cant think of a more elegant application of divide and conquer. So, sorry we are not going to strike any sort of a "deal" with the other side - because the only deal that works for them is out with ALL immigrants. H1-B or GC, legal or illegal are nuances that simply dont exist for them.
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willigetagc
08-18 02:34 PM
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
This is weird... It does'nt look like you are joking, so are you are indirectly demanding and taunting a Mr anonymous to take some action?
action from which you will benefit directly and is also something which you feel strongly about but will not do anything by yourself? :eek:
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
This is weird... It does'nt look like you are joking, so are you are indirectly demanding and taunting a Mr anonymous to take some action?
action from which you will benefit directly and is also something which you feel strongly about but will not do anything by yourself? :eek:
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gauravster
05-01 01:58 PM
Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.
Maybe someone more knowledgable or from the core members can throw some light on this.
Maybe someone more knowledgable or from the core members can throw some light on this.
hi_sunny74
09-17 09:34 AM
Hi,
My Checks are encased on Saturday 09/15th. My Applications received nebraska on July 20th. Since My I-140 is from Texas, the case transferred to Texas.
Just Checks are cashed, not yet recieved any Receipt Notices yet.
My Checks are encased on Saturday 09/15th. My Applications received nebraska on July 20th. Since My I-140 is from Texas, the case transferred to Texas.
Just Checks are cashed, not yet recieved any Receipt Notices yet.
desidas
01-24 07:06 PM
In this thread there are lot of folks who changed employers using AC21 after 180 days I-485 is pending.
Did they ever travel to thier home country using AP after switching employers from the orginal GC sponsoring employer?
Where they being harassed at Port of Entry by Immigration Officers why siwtched employers and travel on AP?
Please share any experiences
Did they ever travel to thier home country using AP after switching employers from the orginal GC sponsoring employer?
Where they being harassed at Port of Entry by Immigration Officers why siwtched employers and travel on AP?
Please share any experiences
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