paskal
07-09 11:57 AM
[QUOTE=desi3933]� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
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sathishav
02-22 10:02 AM
@india_usa
100% correct. I guess its human. If you did not file for 485 in Jul 07, people want to file when PD is not current. For people who filed and are waiting, want the backlog cleared. People who have GC are "worried" about getting citizenship :). People who just came in, are worried about they PERM/140 approvals.
@peacocklover
GC is all about luck. They should cancel the entire GC process and make it a "lottery" as that is what it is.
I think the substituters were the smart ones (though a few of them were burned during the process). I guess, people like you and I choose to follow the safe route.
your PD says its 2006. I know people with PD in 2004 or 2005 and their Labor/PERM applicaiton was not approved before the July 07 floodgate. They are still waiting and I do feel sorry for them.
100% correct. I guess its human. If you did not file for 485 in Jul 07, people want to file when PD is not current. For people who filed and are waiting, want the backlog cleared. People who have GC are "worried" about getting citizenship :). People who just came in, are worried about they PERM/140 approvals.
@peacocklover
GC is all about luck. They should cancel the entire GC process and make it a "lottery" as that is what it is.
I think the substituters were the smart ones (though a few of them were burned during the process). I guess, people like you and I choose to follow the safe route.
your PD says its 2006. I know people with PD in 2004 or 2005 and their Labor/PERM applicaiton was not approved before the July 07 floodgate. They are still waiting and I do feel sorry for them.
morchu
05-08 02:36 PM
:) my point was, regulations and interpretations are meant for the exact situation. Anyway I am also done in this topic. I have no personal interest on either EB-quota or FB-quota (why am i even here... nhaa?).
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
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fundo14
12-18 03:52 PM
Thanks! Do you know teh procedure to open the SR?
more...
abracadabra
07-07 11:03 PM
Where you getting your number from? Did you already set up poll?
I appreciate your time in answering in asking this question. I am real serious about this issue. I am positive I can get more, as you know we desi have a very sleepy community, if we kick their as*** they all will come.
I appreciate your time in answering in asking this question. I am real serious about this issue. I am positive I can get more, as you know we desi have a very sleepy community, if we kick their as*** they all will come.
xtronics
04-22 08:05 AM
Extremely sorry to hear the news. My sympathy to his family
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gbof
09-09 10:17 PM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Thus far approvals have been at a steady pace--people are reporting GC directly in mail box without any formal cpo/approval/welcome mails too. Hopefully spill-over visas have been alloted to as mant pre-adjudicated petetions and they will clear out all approvable cases in 04 and EB2 dates will only forward. By Q3/Q4, it may cross-over well in.to 06
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Thus far approvals have been at a steady pace--people are reporting GC directly in mail box without any formal cpo/approval/welcome mails too. Hopefully spill-over visas have been alloted to as mant pre-adjudicated petetions and they will clear out all approvable cases in 04 and EB2 dates will only forward. By Q3/Q4, it may cross-over well in.to 06
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eastindia
09-23 12:36 PM
A lawyer posted this on his website
Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News
Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.
We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.
General Visa Number Trends
Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.
With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications
Visa Bulletin Predictions � Employment-Based
Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.
EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.
EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.
EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.
EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
Visa Bulletin Predictions � Family-Based
Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.
FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.
FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.
Conclusion
Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News
Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.
We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.
General Visa Number Trends
Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.
With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications
Visa Bulletin Predictions � Employment-Based
Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.
EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.
EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.
EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.
EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
Visa Bulletin Predictions � Family-Based
Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.
FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.
FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.
Conclusion
Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
more...
GCneeded
05-23 01:04 PM
Sent Email to all 10 senators + 2 senators from CA
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fightnow
07-06 07:52 PM
I mentioned to the police that most participants are from China and India. This is true. Both are the main victims of backlog and what so ever.
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aa_ke_phas_gaya
05-08 05:06 PM
CIR is not going to happen, even if it happens there will be nothing for Employment Based Legal Immigration.
Any large immigration overhaul is not going to work in current economic climate.
And yes, you can not file a law suit for a law that we all were aware of while entering this country. No doubt those who are waiting for long time and are in the country for long time are in miserable condition but I don't think law suit is an option. But I certainly believe government is not aware of true picture of this situation.
I would like to take initiative and present the situation to senate and president's office. However I don't want to do this without approval of senior IV members. This would help those who are in country for long time and have been waiting for long time.
Senior members, please advise.
Any large immigration overhaul is not going to work in current economic climate.
And yes, you can not file a law suit for a law that we all were aware of while entering this country. No doubt those who are waiting for long time and are in the country for long time are in miserable condition but I don't think law suit is an option. But I certainly believe government is not aware of true picture of this situation.
I would like to take initiative and present the situation to senate and president's office. However I don't want to do this without approval of senior IV members. This would help those who are in country for long time and have been waiting for long time.
Senior members, please advise.
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ronhira
09-25 08:48 PM
Saw an interesting video on youtube the other day. The first thing that came to mind was the EB2-EB3 fights. If only we can fight together rather than each other ! ;)
YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)
& this'll be the result
Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)
& this'll be the result
Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
more...
house February 13, 2010 by admin
VK373
06-11 05:52 PM
They sent you receipt before cashing the checks?
Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.
Summer....
I got them in mail from USCIS, Lincoln NE.
Thanks.
Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.
Summer....
I got them in mail from USCIS, Lincoln NE.
Thanks.
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stillhopefull
09-18 05:12 PM
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
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JA1HIND
04-22 01:29 PM
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D
in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p
http://www.h1b.info/lca_search.php
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D
in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p
http://www.h1b.info/lca_search.php
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reddymjm
06-08 04:21 PM
I am waiting for the check image to laod. will take an hour or so.
It will start with LIN-07-177-5XXXX. It will be SRC if it is Texas.
It will start with LIN-07-177-5XXXX. It will be SRC if it is Texas.
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riyaz.pirani
09-22 03:41 PM
What center did you file NSC or TSC
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GCStatus
09-17 02:43 PM
GCStatus, I think Prashanthg's point is a valid one but that in no way means that we should not sue USCIS for what all they have been doing all these years. This in fact will help us prepare our case even more stronger against USCIS. It is best we ourselves find all the gaps we might have while we proceed with this case instead of them coming onto the issue.
I would suggest everyone who ofcourse is in favor or in doubt to bring forward the issues they think we need to cover while we move on with this.
Pamposh.
Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.
We are making great progress. Lets keep it going. Its ideal, we dont waste our energy on these.
I would suggest everyone who ofcourse is in favor or in doubt to bring forward the issues they think we need to cover while we move on with this.
Pamposh.
Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.
We are making great progress. Lets keep it going. Its ideal, we dont waste our energy on these.
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english_august
07-09 04:53 PM
Sent the press release to local news stations in KY state. If they are interested in the story i will ask them to contact IV for more information.
maine_gc - don't just refer them to IV. Interest is primarily ours, so we have to be dogged about pursuing it. Call someone, talk to them and be persistent in conveying our issues.
maine_gc - don't just refer them to IV. Interest is primarily ours, so we have to be dogged about pursuing it. Call someone, talk to them and be persistent in conveying our issues.
Lisap
08-28 03:39 PM
I filed late June at NSC trs to Texas and received on July 2nd. Just received my RN yesterday for my 485. On line it says that my ead has been approved and the notice went out on the 25th.
FinalGC
07-09 02:06 PM
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Answer is NO.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Answer is NO.
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