gc_chahiye
06-26 01:45 PM
Folks,
This is the best I have come across :
husband files for himself - I 485
Wife files for herself - I 485
If one of the apps are approved, the other can Join.
No risks....
yes, this sames to be the safest option. only catch seems to be:
- if you are on EAD, then you how do you join? your EAD is based off your I485, which u are presumably abandoning so you can join the other application.
This is the best I have come across :
husband files for himself - I 485
Wife files for herself - I 485
If one of the apps are approved, the other can Join.
No risks....
yes, this sames to be the safest option. only catch seems to be:
- if you are on EAD, then you how do you join? your EAD is based off your I485, which u are presumably abandoning so you can join the other application.
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rsharma
09-24 07:57 PM
Thanks Ramba for the analysis. Kudos to you to bring out the true fact regarding the spill over. I see you are belong to Eb3 ROW category but still you stood for the truth.
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
FrankZulu
08-19 05:50 AM
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caliguy
10-22 03:31 PM
@ fatjoe
I have contacted Napolatino also, like a month back and nothing has happened on my case. I saw LUDs on my case on 09/24 and 09/25 and since then I have not seen any updates. I have tried all methods that are on that link, except for contacting the first lady but I am not sure if that will help. They simply might throw the package in the trash, without even seeing what it has. I posted the link so that everyone knows different ways of contacting USCIS, atleast you feel good if you try everything from your end.
Where is your case at, is it in TSC or NSC?
I have contacted Napolatino also, like a month back and nothing has happened on my case. I saw LUDs on my case on 09/24 and 09/25 and since then I have not seen any updates. I have tried all methods that are on that link, except for contacting the first lady but I am not sure if that will help. They simply might throw the package in the trash, without even seeing what it has. I posted the link so that everyone knows different ways of contacting USCIS, atleast you feel good if you try everything from your end.
Where is your case at, is it in TSC or NSC?
more...
EndlessWait
08-07 10:41 AM
There is a difference between laws and regulations. Laws are what in INA (Immigration and Naturalization Act) and Regulations are what in CFR.
It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.
Following are the steps in making this a reality:
a) Gather around 50 people
b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
c) Hold initial consultation with a lawyer.
d) Decide as a team if we want to continue.
e) File a class action suit
Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.
Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
Its sad to see this policy is working. Divide on EB3/EB2 bases etc. We are fighting a common cause to eliminate employment based country quota system. I'm surprised that IV is allowing such threads to be posted. If it so, its a v sad day for IV.
It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.
Following are the steps in making this a reality:
a) Gather around 50 people
b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
c) Hold initial consultation with a lawyer.
d) Decide as a team if we want to continue.
e) File a class action suit
Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.
Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
Its sad to see this policy is working. Divide on EB3/EB2 bases etc. We are fighting a common cause to eliminate employment based country quota system. I'm surprised that IV is allowing such threads to be posted. If it so, its a v sad day for IV.
kate123
03-31 10:21 AM
May be I am wrong. I want to be wrong since I would like to File for I 485 , but this is from DOS site, can you share your source ?
http://www.travel.state.gov/pdf/FY10AnnualReport-TableV.pdf
Hi GC ON DEMAND, I think you are right... Looks like we did not receive any spill over from EB1 and EB2 ROW --- Here are the calcs...
Regular EB2 ROW gets 34,436 -- see below for break down
We know that EB2 gets 140,000 * 28.6% of visas which is 40,040.
Out of 40,040, 7% is allocated to china and an other 7% goes to India.
So EB2 ROW = 40,040 - 2*(40,040*7%) = 34,436 -------------------------------------------- (1)
In the document that you have, EB2 ROW received 27, 406 visas... How? see below
Total allocation for Eb2 (A1) - 53,872
India received (B1) - 19,961
China's received (C1) - 6,505
-------------------------------------------------
EB2 (ROW) net = A1-(B1+C1) = 27,406 -------------------------------------------------------- (2)
--------------------------------------------------
EB2 (I&C) Regular quota {2*(40,040*7%)} = 5,604 -------------------------------------------(3)
(1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426
Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...
http://www.travel.state.gov/pdf/FY10AnnualReport-TableV.pdf
Hi GC ON DEMAND, I think you are right... Looks like we did not receive any spill over from EB1 and EB2 ROW --- Here are the calcs...
Regular EB2 ROW gets 34,436 -- see below for break down
We know that EB2 gets 140,000 * 28.6% of visas which is 40,040.
Out of 40,040, 7% is allocated to china and an other 7% goes to India.
So EB2 ROW = 40,040 - 2*(40,040*7%) = 34,436 -------------------------------------------- (1)
In the document that you have, EB2 ROW received 27, 406 visas... How? see below
Total allocation for Eb2 (A1) - 53,872
India received (B1) - 19,961
China's received (C1) - 6,505
-------------------------------------------------
EB2 (ROW) net = A1-(B1+C1) = 27,406 -------------------------------------------------------- (2)
--------------------------------------------------
EB2 (I&C) Regular quota {2*(40,040*7%)} = 5,604 -------------------------------------------(3)
(1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426
Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...
more...
anotherone
01-30 03:34 PM
it was very clear they were willing to hire me if I had a GC in hand
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srikondoji
07-10 01:56 AM
USCIS and or DOS don't quiet yet understand the full implications of this flower campaign. They still are feigning ignorance or adamant in their analysis of the july fiasco.
Untill this flower campaign is further carried by major newspapers, we still cannot declare full victory.
Yes, USCIS chief fully knows that flowers were sent as a token of protest and they will not know the full impact untill they see them.
Untill this flower campaign is further carried by major newspapers, we still cannot declare full victory.
Yes, USCIS chief fully knows that flowers were sent as a token of protest and they will not know the full impact untill they see them.
more...
lotsofspace
01-24 03:21 PM
Looks like they forgot to ask to attach the following :):):):)
1) Copies of all your certificates
2) Your latest offer letter
3) Pay stubs for last six months
4) Tax returns
5) Letter of introduction from the employer
6) Latest Resume
7) 3 Recommendation letters
8) Family photo with Mother, Father, spouse, kids , siblings. While background, taken less than 6 months ago. Frontal view :)
Avoid them at all costs....
1) Copies of all your certificates
2) Your latest offer letter
3) Pay stubs for last six months
4) Tax returns
5) Letter of introduction from the employer
6) Latest Resume
7) 3 Recommendation letters
8) Family photo with Mother, Father, spouse, kids , siblings. While background, taken less than 6 months ago. Frontal view :)
Avoid them at all costs....
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gk_2000
04-01 01:30 AM
Sathesh,
According to the below websites, seems it is the Immigrant's Final application and processing fee(and seems like your immigrant visa has been approved by USCIS*** according to OVERVIEW OF IMMIGRANT CONSULAR PROCESSING (http://www.americanlaw.com/consul_iv.html)
"In April of 1994, DOS opened the NVC, a permanent immigrant visa processing facility in Portsmouth, NH. NVC processes all approved immigrant petitions that it receives from USCIS. NVC will retain the petitions until the cases are ready for adjudication by a consular officer abroad. When an applicant's case is about to become current, the petition is forwarded to the appropriate U.S. embassy or consulate overseas. " ***
***from OVERVIEW OF IMMIGRANT CONSULAR PROCESSING (http://www.americanlaw.com/consul_iv.html)
http://amsterdam.usconsulate.gov/iv_fees.hml
July 2007 --- about to become current? Sounds like music, AR Rehman's music
According to the below websites, seems it is the Immigrant's Final application and processing fee(and seems like your immigrant visa has been approved by USCIS*** according to OVERVIEW OF IMMIGRANT CONSULAR PROCESSING (http://www.americanlaw.com/consul_iv.html)
"In April of 1994, DOS opened the NVC, a permanent immigrant visa processing facility in Portsmouth, NH. NVC processes all approved immigrant petitions that it receives from USCIS. NVC will retain the petitions until the cases are ready for adjudication by a consular officer abroad. When an applicant's case is about to become current, the petition is forwarded to the appropriate U.S. embassy or consulate overseas. " ***
***from OVERVIEW OF IMMIGRANT CONSULAR PROCESSING (http://www.americanlaw.com/consul_iv.html)
http://amsterdam.usconsulate.gov/iv_fees.hml
July 2007 --- about to become current? Sounds like music, AR Rehman's music
more...
vxg
08-24 03:52 PM
It will not work in case of power failure unless you have UPS back up for your modem. You will need standard landline to work with Brinks. I would advise to get cellular backup and make that number is first number to call in case of a break in. Burglars generally cut phone line when they become aware of security system. There have been some complaints where security companies just called the landline and since you didn't answer they left a voicemail. Logically they are suppose to all cops.
I have a cell backup and Brinks has called my cell when no one answered home phone. So if there is a power failure, the system may not send and alarm to Brinks when a break in occurs not sure? Does it uses a phone line to send the alarm to Brinks etc?
How is the call quality when you are using internet heavily for downloading?
I have a cell backup and Brinks has called my cell when no one answered home phone. So if there is a power failure, the system may not send and alarm to Brinks when a break in occurs not sure? Does it uses a phone line to send the alarm to Brinks etc?
How is the call quality when you are using internet heavily for downloading?
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kgundamaraju@hotmail.com
05-22 09:39 AM
Would anyone be able to advise if I can travel out of the country after I've filed the 485 if I have an approved I-797 approval notice (for H-1B) but old H-1B stamp in pp has already expired?
If I travel out and then get the H-1B visa stamp at an outside consulate, I would be able to travel back in, but would I have considered have abandoned the 485 application? (since I travelled out without a valid H-1B stamp in pp)??
Can I travel out even before my AP arrives? Or does having an AP make a difference? I would prefer to stay on H-1B status since you never know what happens to the 140/485 application.
Thanks for the help guys.
I am in the same situation as yours. The visa stamp on my passport expired last year and I have an approved I-797, which is valid till Oct'07. I am planning to file for I-485 on June 1st and I want to travel to India as soon as I can. My attorney's advise was to wait for receipt of I-485 application and then travel to India and get H-1B stamped on my passport from a US consulate in India. According to him this is not considered as abandoning I-485.
If I travel out and then get the H-1B visa stamp at an outside consulate, I would be able to travel back in, but would I have considered have abandoned the 485 application? (since I travelled out without a valid H-1B stamp in pp)??
Can I travel out even before my AP arrives? Or does having an AP make a difference? I would prefer to stay on H-1B status since you never know what happens to the 140/485 application.
Thanks for the help guys.
I am in the same situation as yours. The visa stamp on my passport expired last year and I have an approved I-797, which is valid till Oct'07. I am planning to file for I-485 on June 1st and I want to travel to India as soon as I can. My attorney's advise was to wait for receipt of I-485 application and then travel to India and get H-1B stamped on my passport from a US consulate in India. According to him this is not considered as abandoning I-485.
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gc_on_demand
04-23 08:20 PM
I see indian comnies will apply for more B1/ B2 visas overseas.
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purplehazea
05-17 11:29 AM
You basically get an I131 which has all your immi information on it. It also includes your photo and validity period. There is also an area for stamping it when you re-enter the country. I hope this helps.
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hariswaminathan
06-29 06:25 PM
At the cost of being bombarded by every one in this forum,
if the VB bulletin is indeed "retrogressed" to Pre madness - back to what was supposed to be the next jump from June 2003 (perhaps 6 months or more for EB3 and 2005 for EB2), this would actually be a good thing in my opinion.
What they did by making the VB current is going to have serious consequences a few months down the line. People who have been waiting for years may still not get their turn in line, while others simply jump ahead and take away the visa numbers. People are excited at the short term benefits of EAD/AP but we must look at the long term effects also.
I believe (and im entitled to my own beliefs ) that if anything, USCIS/DOS have actually finally figured out their mistake of making everything current and are now back tracking to what would be a decent situation instead of the floodgates being opened. I dont believe it has anything to do with conspiracy theories or CIR or any such thing.
And btw - i would be one of those people who spent money to get ready for the floodgates and i would also be one of those that gets stuck!
if the VB bulletin is indeed "retrogressed" to Pre madness - back to what was supposed to be the next jump from June 2003 (perhaps 6 months or more for EB3 and 2005 for EB2), this would actually be a good thing in my opinion.
What they did by making the VB current is going to have serious consequences a few months down the line. People who have been waiting for years may still not get their turn in line, while others simply jump ahead and take away the visa numbers. People are excited at the short term benefits of EAD/AP but we must look at the long term effects also.
I believe (and im entitled to my own beliefs ) that if anything, USCIS/DOS have actually finally figured out their mistake of making everything current and are now back tracking to what would be a decent situation instead of the floodgates being opened. I dont believe it has anything to do with conspiracy theories or CIR or any such thing.
And btw - i would be one of those people who spent money to get ready for the floodgates and i would also be one of those that gets stuck!
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spdy_mn
06-29 05:44 PM
Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?
Probably they wanted to raise $4.4 billions for border security through us. Since there is no need for that money now that CIR failed they are going back to status quo.
Probably they wanted to raise $4.4 billions for border security through us. Since there is no need for that money now that CIR failed they are going back to status quo.
more...
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ArunAntonio
06-20 04:33 PM
Thanks for posting this I was searching for some advise on this aspect ....
I have one questions based on this comment :
If a person uses one of his I-140s and the adjustment is for some
reason denied, it appears that there is no reason why they can not then
re-apply for adjustment using the other approved I-140 providing all the
requirements are met under the petition.
So lets say Husbands 485 gets deined for some reason and the wife has an approved I 140 but her PD is not current any more, can the substiution still happen or are the couple doomed?
Please respond.
AA
I have one questions based on this comment :
If a person uses one of his I-140s and the adjustment is for some
reason denied, it appears that there is no reason why they can not then
re-apply for adjustment using the other approved I-140 providing all the
requirements are met under the petition.
So lets say Husbands 485 gets deined for some reason and the wife has an approved I 140 but her PD is not current any more, can the substiution still happen or are the couple doomed?
Please respond.
AA
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StillonH1B
09-24 06:06 PM
This link is not working
http://www.uscis.gov/USCIS/New%20Str...%20Reports.pdf. I get a Page Not found error.
Is there a different link.
http://www.uscis.gov/USCIS/New%20Str...%20Reports.pdf. I get a Page Not found error.
Is there a different link.
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lord_labaku
08-07 11:40 AM
Dude. I am US educated & EB2....1st I didnt understand what u were calling people for.
Man this is the story of the Indian crab in real life. If someone becomes eligible to interfile as EB2...why should you be against it?
I am totally against ur proposal...and am giving u red dots ok.
Sarve Jana sukhino bavanthu - Let everyone be content & happy.
Man this is the story of the Indian crab in real life. If someone becomes eligible to interfile as EB2...why should you be against it?
I am totally against ur proposal...and am giving u red dots ok.
Sarve Jana sukhino bavanthu - Let everyone be content & happy.
gc_buddy
09-23 07:33 PM
But, woudn't the 75% of 140K quota for next two years be consumed by ROW applicants who are about to apply. Becoz they are current wouldn't the VISA number go to them..
All the above calculations I guess are assuming that the entire 140K will be given the pending 485 application..May be I am missing something.
Even if we add the flow of application from 'Current' categoreis, your statement still holds true.
All the above calculations I guess are assuming that the entire 140K will be given the pending 485 application..May be I am missing something.
Even if we add the flow of application from 'Current' categoreis, your statement still holds true.
pappu
01-09 03:42 PM
banners and posters are here
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
Maybe you or others can take a lead in this campaign and have everyone use IV posters and banners..
Hello Pappu,
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
Maybe you or others can take a lead in this campaign and have everyone use IV posters and banners..
Hello Pappu,
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you