sparklinks
07-14 01:18 PM
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wandmaker
03-12 11:45 AM
Hi Guys,
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
ash0210
06-02 05:24 PM
As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
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hpandey
07-06 11:04 AM
>> Although 30,000 people are IV members
I beg to differ here. 30k+ plus people have signed up so far, but how many are active now? How many have even logged in IV in last 3 months or even 6 months? I don't see any link to discontinue membership here, so we don't know how many people up signed up and left?
There is no way to know count of "active members". Many IV members have got GC in last 2 years and they have "quitely" left IV and forgotten the struggle by EB based immigrants. How many members stay at IV after getting GC?
Many people believe that by getting EAD they are Temp GC holders and motivation for seeking any benefit is gone.
I am pained to say this, but we are a thankless community.
.
Yes you are right also . As I said a lot of people don't care what happens to everyone else as long as their immediate situation becomes okay or they get a GC. That is why illegal-immigrants have a voice - they have money and they have got mass participation from their community - even people who are citizens here or got GC .
As for our EB community - try going to a person who got citizenship or a GC and then hear what you will get. They will either politely decline or start talking about the abuse of the H1 program and things like that. They won't lift a finger to help us.
Well what can we expect from our fellow EB naturalized citizens and GC holders when even we on H1 or in 485 queue won't help ourselves.
Someone mentioned above that IV has 450K in assets and hence no funding issue. I personally don't think that is enough for bring a change like getting visa recapture or other legislation.
I beg to differ here. 30k+ plus people have signed up so far, but how many are active now? How many have even logged in IV in last 3 months or even 6 months? I don't see any link to discontinue membership here, so we don't know how many people up signed up and left?
There is no way to know count of "active members". Many IV members have got GC in last 2 years and they have "quitely" left IV and forgotten the struggle by EB based immigrants. How many members stay at IV after getting GC?
Many people believe that by getting EAD they are Temp GC holders and motivation for seeking any benefit is gone.
I am pained to say this, but we are a thankless community.
.
Yes you are right also . As I said a lot of people don't care what happens to everyone else as long as their immediate situation becomes okay or they get a GC. That is why illegal-immigrants have a voice - they have money and they have got mass participation from their community - even people who are citizens here or got GC .
As for our EB community - try going to a person who got citizenship or a GC and then hear what you will get. They will either politely decline or start talking about the abuse of the H1 program and things like that. They won't lift a finger to help us.
Well what can we expect from our fellow EB naturalized citizens and GC holders when even we on H1 or in 485 queue won't help ourselves.
Someone mentioned above that IV has 450K in assets and hence no funding issue. I personally don't think that is enough for bring a change like getting visa recapture or other legislation.
more...
gcnyc
01-14 09:56 AM
My case was filed on May,2003/EB3/RIR/NY. No 45 day letter/no approval so far from Philly backlog center.
amaruns
07-09 06:20 PM
Couple of us out here
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485Mbe4001
08-18 04:42 PM
^^ bump ^^
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vjkypally
07-20 01:51 PM
And what makes all of you think that future applicants will come only from these 4 countries, they could come from Timbuktu fora ll you care and use up their fair share in EB category and you may not have the visas that you hope would be unused visas. Then what?????????
more...
mango_man
06-11 04:53 PM
Anybody wants Indian mangoes?
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quizzer
07-06 02:16 AM
Please digg
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
jus dugged
excellent article
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
jus dugged
excellent article
more...
makemygc
07-06 12:39 PM
new from Aila.org
July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability
Has anybody got more info on this.
Does IV have AILA membership? Can we get this detail.
July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability
Has anybody got more info on this.
Does IV have AILA membership? Can we get this detail.
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immihelp1
09-10 08:33 PM
A small contribution of $100 for a massive effort by IV
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zinchak
09-11 09:06 PM
I have also posted about this drive on boards.immigration.com
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p7810456
02-08 05:04 PM
Guys
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
why is it a good thing?
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
why is it a good thing?
more...
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reddymjm
03-03 03:46 PM
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Law never changed. Its how USCIS interprets it.
Law never changed. Its how USCIS interprets it.
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cbpds
08-23 11:44 AM
dude,
Memo always supercedes the current definition although it shoudnt as in the case of the h1 neufield memo, so you may not be right
Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Memo always supercedes the current definition although it shoudnt as in the case of the h1 neufield memo, so you may not be right
Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
more...
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chanduv23
06-13 03:32 PM
Come on folks - please donate generously to IV
Our donations go long way towards lobbying efforts
Our donations go long way towards lobbying efforts
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immm
07-19 12:32 AM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
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ragz4u
03-08 10:28 AM
This is the right link. It is very clear today. Interesting discussion.
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
ragz4u
03-09 09:36 AM
Title 1 amendments are done and have moved to Title 2 for discussion. The ones important to us is in Title 4,5.
Any links to the amendment titles?
Any links to the amendment titles?
chanduv23
10-21 03:08 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
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