puddonhead
05-01 10:59 AM
iff = if and only if
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
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hydboy77
05-08 04:13 PM
This is nothing but blatant discrimination. There is always a great fight among Americans about affirmative action. Affirmative action is not reservation quota like in India, its about trying to do something to help minorities. There are no fixed quotas in affirmative action. Even for this there is fierce debate.
Now we have to make our case to the American public and politicians. Even if a nominal affirmative action can rile up the whole American society from state and local politics all the way to the Supreme Court how discriminating is it for half of million Indians who are tax paying legal workers to get only 7% of the yearly visas. This is outright discrimination. Maybe the framers of the law did not see this situation coming but thats exactly what happened and we should make our case for the removal of the 7% limit. Only then will American dream triumph. Ignore the ROW people (I am not insulting ROW by saying ignores them) obviously they have a good thing going so they will oppose it, ignore them and highlight our plight. we EB immigrants are not diversity immigrants, we came here on h1b or f1 which has no country limits, when we are hired we were hired based on qualifications not based on country of birth so why discriminate in the EB green card visas which are purely for employment purposes. Let’s devise an action plan which highlights our pitiable situation, for example here is my case
Came to US in 1999,
Graduated with MS degree
Living in US for 10 years now and still nowhere near a green card.
I am not articulate enough to capture our suffering in an essay\letter but we should formalize this and do a campaign like flower campaign or write 100's of thousands of letters and try to get media publicity like during flower campaign to highlight our plight, otherwise nothing will come out of it. I have not seen a single article about the exact reason for the green card delay for Indians. there are only general articles but nothing specific about this 7% limit which is causing this problem. Unless this is exposed Indians will end up in this mess for ever untill we die or are kicked out with endless Employment verification letter, birth certificate rfe etc etc etc.
The EB-2 category for Indian nationals has retrogressed four years and will be set at January 1, 2000 for applications received beginning June 1st. If you are from China, the backlog is five years less - February 15, 2005. And if you are from any other country in the world, there is no wait at all. I am really appalled that Congress allows such an unjust distribution methodology to remain the law. No country is permitted to claim more than 7% of the numbers in a green card category. That means tiny countries like Andorra and Botswana get the same...
More... (http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html)
Now we have to make our case to the American public and politicians. Even if a nominal affirmative action can rile up the whole American society from state and local politics all the way to the Supreme Court how discriminating is it for half of million Indians who are tax paying legal workers to get only 7% of the yearly visas. This is outright discrimination. Maybe the framers of the law did not see this situation coming but thats exactly what happened and we should make our case for the removal of the 7% limit. Only then will American dream triumph. Ignore the ROW people (I am not insulting ROW by saying ignores them) obviously they have a good thing going so they will oppose it, ignore them and highlight our plight. we EB immigrants are not diversity immigrants, we came here on h1b or f1 which has no country limits, when we are hired we were hired based on qualifications not based on country of birth so why discriminate in the EB green card visas which are purely for employment purposes. Let’s devise an action plan which highlights our pitiable situation, for example here is my case
Came to US in 1999,
Graduated with MS degree
Living in US for 10 years now and still nowhere near a green card.
I am not articulate enough to capture our suffering in an essay\letter but we should formalize this and do a campaign like flower campaign or write 100's of thousands of letters and try to get media publicity like during flower campaign to highlight our plight, otherwise nothing will come out of it. I have not seen a single article about the exact reason for the green card delay for Indians. there are only general articles but nothing specific about this 7% limit which is causing this problem. Unless this is exposed Indians will end up in this mess for ever untill we die or are kicked out with endless Employment verification letter, birth certificate rfe etc etc etc.
The EB-2 category for Indian nationals has retrogressed four years and will be set at January 1, 2000 for applications received beginning June 1st. If you are from China, the backlog is five years less - February 15, 2005. And if you are from any other country in the world, there is no wait at all. I am really appalled that Congress allows such an unjust distribution methodology to remain the law. No country is permitted to claim more than 7% of the numbers in a green card category. That means tiny countries like Andorra and Botswana get the same...
More... (http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html)
paragpujara
01-07 08:13 AM
I also did the same thing. I got the scan copies from my lawyer. Print out will work (IO will verify yr name on receipt with yr photo Id).
Good Luck and lemme know if you need any further help.
Thanks Parag, your post is helpful.
One quick question - I do not have original 485 receipts with me but have scanned copies of them which my lawyer has emailed me. If I print them out and take them to the infopass, is that sufficient or do they ask for the original receipts?
Thanks and good luck ahead!
Good Luck and lemme know if you need any further help.
Thanks Parag, your post is helpful.
One quick question - I do not have original 485 receipts with me but have scanned copies of them which my lawyer has emailed me. If I print them out and take them to the infopass, is that sufficient or do they ask for the original receipts?
Thanks and good luck ahead!
2011 girlfriend Goldendoodle Rescue
anzerraja
07-20 11:09 AM
Dear Members
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
So do not pay it directly to the IV core funds, yet.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
So do not pay it directly to the IV core funds, yet.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
more...
pandu_hawaldar
02-01 10:12 AM
Good decision buddy. Everybody goes to India and likes it there, but only few can decide to go back for good. Hopefully everything turns out to be smoother for you.
ramus
07-07 09:33 PM
Yes, if we work on our state chapter and get some idea how many members can join in DC then we can talk about it to core members and see what they think.
IF something is planned, we can come to DC from Raleigh,NC.
IF something is planned, we can come to DC from Raleigh,NC.
more...
i4u
09-28 08:39 AM
CO's words have been mostly pessimistic..and upsetting so far...
This is nothing new!
This is nothing new!
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tonyHK12
02-01 02:38 PM
Donated $100 for the event.
Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.
Total Contribution: $600
Amount to be raised: 50,000 - 600 = $49,400
Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.
Total Contribution: $600
Amount to be raised: 50,000 - 600 = $49,400
more...
hindichinibhaibhai
03-15 01:10 AM
How many of those 245(i) cases from April 2001 might exist in the EB3-India bucket?
As long as there are 245(i) cases pending against Eb3-India, this category cannot move past 2001. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
As long as there are 245(i) cases pending against Eb3-India, this category cannot move past 2001. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
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feedfront
08-27 12:40 PM
The filing date on SR is manually entered by the person opening the SR. It has got nothing to do with your real filing date. All that matters on the SR is your A#.
I saw in reply letter, it's written A# not available. Looks like that lady did not send A# in SR. Anyway, I've contacted senator for help :cool:
I saw in reply letter, it's written A# not available. Looks like that lady did not send A# in SR. Anyway, I've contacted senator for help :cool:
more...
msp1976
03-08 02:34 PM
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
Many of us are in the same position as you are and most of us understand your pain...We sympathise with you...
One has to learn to find happiness is small things in life..Reading a good book..Doing something constructive always helps...
Well...Getting the green card is not the pinnacle of success in life...That is again merely another start. Another day I read a story about a person who got green card in 2 years and went bankrupt in another year because of big medical bills....Adversity is alway gonna be there in one form or other..one just needs to face it..
You can contribute your spare time to help our organization..That would be a good start....
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
Many of us are in the same position as you are and most of us understand your pain...We sympathise with you...
One has to learn to find happiness is small things in life..Reading a good book..Doing something constructive always helps...
Well...Getting the green card is not the pinnacle of success in life...That is again merely another start. Another day I read a story about a person who got green card in 2 years and went bankrupt in another year because of big medical bills....Adversity is alway gonna be there in one form or other..one just needs to face it..
You can contribute your spare time to help our organization..That would be a good start....
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krishnam70
06-18 11:23 AM
Well, if u have made up ur mind just based on some post(s) (which by the way, may or may not be true and even if true, do u know the minute details around that case like country of origin, was H1 overstayed etc...etc...?), then no matter what I or anybody else suggests, u will still counter by showing that ONE little post. Do a google on AP with canadian landing and u will see many successful cases. So, tally between the successes and failures. I can guarantee u that for atleast every 100 successes u may (or may not) see one problematic case. The general mentality is, well, there was one failure case...so, will I be the next to be caught? U will completely forget about the success cases. Even if its a problematic case, its not like the end of the world for them. They are still given a chance to re-enter USA.If everything goes wrong, then big deal, Canada beckons. Again, its my point of view.
So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".
Folks this is personal experience
We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.
In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.
Immigration status:
My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.
We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.
Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.
- cheera
So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".
Folks this is personal experience
We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.
In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.
Immigration status:
My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.
We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.
Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.
- cheera
more...
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tonyHK12
02-14 08:42 AM
thanks cleopatra, ajay and silveroaks for your contribution.
yes, we are way behind on contributions.
Amount raised = $2600.00
Contributions needed = $47,400.00
yes, we are way behind on contributions.
Amount raised = $2600.00
Contributions needed = $47,400.00
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dkshitij
02-25 09:58 AM
Tony,
Not everyone who contributes will post their contribution in the forum. Would it be possible from IV to get the latest contribution totals?
Thanks!
Not everyone who contributes will post their contribution in the forum. Would it be possible from IV to get the latest contribution totals?
Thanks!
more...
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sathweb
01-30 03:34 PM
My problem is simple.. do not misrepresent the facts, which is what seems to be the case here.. How can you have a H1 and not get paid??? Do you have any other logical reasoning? If the person has H1 and is not getting paid then there can only be two lawful situations: 1) person is on leave of absence, which is without pay or 2) has not yet started the job.
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
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chanduv23
08-26 12:51 PM
May be not true, my case assgined to officer on june 29th and no news yet. But I wish Ski_dude12 good luck.
Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.
Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.
more...
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mita
08-14 03:21 PM
As mentioned in my earlier post, address on my husband's I-485 was changed by USCIS system wrongly to attorney's address. We were wondering whether the documents went to old address or attorney and thank god our attorney has received it today and we will get it tomorrow. As for me and my son, still waiting...
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gjoe
10-08 04:01 PM
Your post is a classic example to show how everybody will not understand the other person the same way.
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
hairstyles Goldendoodle Rescue,
OLDMONK
07-02 10:31 AM
Jul 2, 2007 9:01 AM
Fedex Delivered
Lincoln, NE
Signed: R Mickels.
Fedex Delivered
Lincoln, NE
Signed: R Mickels.
chanduy9
07-03 01:04 PM
I think any vender, any flower is fine, but all should send on the same day, so that we can get some atten.
I see only 3 or 4 orders till now...
Just Idea...
Thanks,
Chandra.
I see only 3 or 4 orders till now...
Just Idea...
Thanks,
Chandra.
minimalist
07-26 12:18 AM
If I am not wrong, it is more to do with a rule interpretation change by USCIS.
Insuppose the most feasible solution for the ones that are really bothered and have a chance is to do a EB2 porting. EB3 is like the slow lane. EB2 also used to be like that but benefited from the change in spillover.
EB3 best chance is to have the Visa Recapture which is already being pursued or have some other legislative fix.
----
Not a lawyer.
EB3 May 2006
Contributed $100
Insuppose the most feasible solution for the ones that are really bothered and have a chance is to do a EB2 porting. EB3 is like the slow lane. EB2 also used to be like that but benefited from the change in spillover.
EB3 best chance is to have the Visa Recapture which is already being pursued or have some other legislative fix.
----
Not a lawyer.
EB3 May 2006
Contributed $100
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