morchu
05-04 09:54 PM
See the post of "vbkris77".
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
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TheOmbudsman
06-26 11:40 AM
Your perception couldn't be more distorted.
If that is your personal opinion, I'd respect that. If you are a member of IV core team, let me know because I will call to to have a conversation with you.
People, the bill is called "Comprehensive Immigration Reform". It can only be comprehensive if it takes into account the legal population and the illegal population. This bill could not come at a better time for us with the mid-term elections coming up. The Executive Branch of Government is pressuring for passage of this legislation. It will be a huge issue for the mid-term elections. The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. For now all we can do is sit back and wait and watch. It will take the majority of the house spin doctors a while to figure out how to proceed with maximum benefit for the Republican Party. This is the nature of politics.
For a little entertainment, we can always predict next months visa bulletin! (Sorry, I couldn't resist).
If that is your personal opinion, I'd respect that. If you are a member of IV core team, let me know because I will call to to have a conversation with you.
People, the bill is called "Comprehensive Immigration Reform". It can only be comprehensive if it takes into account the legal population and the illegal population. This bill could not come at a better time for us with the mid-term elections coming up. The Executive Branch of Government is pressuring for passage of this legislation. It will be a huge issue for the mid-term elections. The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. For now all we can do is sit back and wait and watch. It will take the majority of the house spin doctors a while to figure out how to proceed with maximum benefit for the Republican Party. This is the nature of politics.
For a little entertainment, we can always predict next months visa bulletin! (Sorry, I couldn't resist).
diptam
06-26 04:03 PM
I have to get the EMP LETTER latest by Friday June 29th from employer.
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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Mount Soche
12-17 09:44 AM
I got "the letter" too...
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
more...
Venky Sreedhar
02-26 03:13 PM
Contributed $ 100/=
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
venkee
07-20 06:30 AM
I pledge $100
more...
number30
07-10 12:40 AM
In that case, I *guess* you can show yourself as "permanently self-employed" for your own company--should be easy if you have an LLC that does business in "same or similar" occupation (e.g., consulting/PM). Should also be easy to state the *projected" yearly income on EVL.
Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.
Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.
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drirshad
08-19 03:23 AM
Indeed we are IT professionals, the billing stops our brain stops ......
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
more...
pa_arora
07-09 02:39 PM
I was talking abut this from the past 1 year approx (going on the streets). Good that we have finally decided to get ourselves heard on those deaf ears.
I am in for SJ.
One more suggestion, even if we dont see too much gathering there we should not stop here & should keep doing this atleast every couple of months.
I am in for SJ.
One more suggestion, even if we dont see too much gathering there we should not stop here & should keep doing this atleast every couple of months.
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Vysh
08-27 11:15 AM
My husband's case was refiled on July 31st. The checks have not been cashed yet.
Please update if anyone else's checks have been cashed around the same time.
Vysh
Please update if anyone else's checks have been cashed around the same time.
Vysh
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forgerator
09-10 01:48 AM
THIS IS AN EYE OPENER......
Joe Legal vs. Jose Illegal
Also to add insult to injury, Mr.Illegal will remit a significant chunk of his money back to his home country thus avoiding his contribution to the US economy. This is what is known as a true leech.
Joe Legal vs. Jose Illegal
Also to add insult to injury, Mr.Illegal will remit a significant chunk of his money back to his home country thus avoiding his contribution to the US economy. This is what is known as a true leech.
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reddymjm
06-12 07:18 PM
I got my receipts by mail on monday and checks cashed last friday. But my wifes did not clear yet. any one in similar situation please post.
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nc14
09-10 04:10 PM
psaxena, you are right on money. I am waiting to see a reply from gvenkat and TeddyKoochu.
I doubt they will respond though.
The only way out is to either go back or get together in a group and help IV to move ahead..
THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.
QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]
I doubt they will respond though.
The only way out is to either go back or get together in a group and help IV to move ahead..
THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.
QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]
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simple1
05-02 03:21 PM
I am unable to get into the donar thread. I did donate yesterday.
Could you please post the information in this thread. or Admin provide me access to donar thread ?
http://immigrationvoice.org/forum/showthread.php?p=338410#post338410
Could you please post the information in this thread. or Admin provide me access to donar thread ?
http://immigrationvoice.org/forum/showthread.php?p=338410#post338410
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desi3933
06-28 10:11 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
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kosu
06-13 06:53 PM
Atlast all my checks are cashed today. I am able to get my case number from the checks. Even though INS received my application on June 6th, in my 485 it says that they have received my application only on June 11th. Wonder why?
more...
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kopra
08-25 09:03 AM
I Remember US companies directly recruiting from India during 1997-99 .This was a very costly affair for the companies. They used to take phone interviews, and then sponsor the H1B for the employee with very high Compensation, pay the tickets for employee and family( usually first class) , give hotel/furnished apartments for 1-2 months, Rental cars etc. This was done when there was a genuine need for the company to hire H1B's as they could not find enough qualified people in US. By 2000 the equation changed and small H1b companies started appearing like mushrooms in most of the big cities who asked for H1B filing fees. Companies were also gaining from this as they have no legal hassle of H1b and the rates were competitive.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
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imconfused
07-08 11:22 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
i agree.. thats being professional and ethical..
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
i agree.. thats being professional and ethical..
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vbkris77
05-01 03:41 PM
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
But my friend, CIS has a very very thick skin... So the only language they understand is suit.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
But my friend, CIS has a very very thick skin... So the only language they understand is suit.
Sunx_2004
09-15 09:12 AM
Very important point Sandy-
Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
ssa
06-22 04:59 PM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me....
m very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
Its all about how you negotiate. You may have some leeway in your negotiations if you have enough years left on your H1B. If all other peaceful negotiations fail let them know - without loosing your temper - that filing I 485 is the most important thing for you at this point and if it does not get done before the PDs retrogress again you will look out for other job using H1B transfer. All they worry about is the billing money they get out of you and they are worried once you file I-485 they will loose it in 6 months due to AC21. If you make them see that they will loose it other way too they may cut some deal with you.
Just my 2 cents
m very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
Its all about how you negotiate. You may have some leeway in your negotiations if you have enough years left on your H1B. If all other peaceful negotiations fail let them know - without loosing your temper - that filing I 485 is the most important thing for you at this point and if it does not get done before the PDs retrogress again you will look out for other job using H1B transfer. All they worry about is the billing money they get out of you and they are worried once you file I-485 they will loose it in 6 months due to AC21. If you make them see that they will loose it other way too they may cut some deal with you.
Just my 2 cents
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