stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
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Guest007
07-25 08:28 PM
Bkarnik,
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
shrayus
04-20 04:09 PM
I will get it posted on various internal mailing systems of sun. Will bring the banner www.immigrationvoice.org
Sanjeev
Sanjeev
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Lasantha
03-07 10:26 AM
Is it true that in some cases after you file for AC21, CIS would send a RFE for the financial details of the new company (to stablish that the new company can pay you - company tax details).
I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?
Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.
Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?
I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?
Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.
Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?
more...
panvel123
09-11 11:31 AM
HR 5882 was approved by sub-committee last month and is currently awaiting markup by house judiciary committee, once the markup is done it may be sent to the floor of congress for debate and vote
iptel
12-11 02:59 PM
When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.
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pa_arora
10-20 01:20 PM
Faxed.
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pzh
07-16 06:18 PM
There isn't a single fact that is true in this fax here. I don't know how groups like this get taken seriously if they don't even do basic research on what they are sending to congresspeople.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
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ns007
12-28 08:36 AM
How do you get time to post all day long on IV.org?
I would love to have your job. Making 140K for browsing and posting on IV.org !!!
Kidding !!!
I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......
I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.
I would love to have your job. Making 140K for browsing and posting on IV.org !!!
Kidding !!!
I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......
I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.
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hsm2007
10-18 12:30 PM
Did you confirm whether they received your RFE? You can go to Infopass and also talk to second level IO just to make sure that they received your RFE.
any one else.. who got any update after filling RFE?
I got soft LUD on Oct 12.... nothing after that :confused:
any one else.. who got any update after filling RFE?
I got soft LUD on Oct 12.... nothing after that :confused:
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rajuram
05-26 09:06 PM
FYI, this is common if you are passing close border towns in TX and NM.
No big deal, just carry some copies in your car.
No big deal, just carry some copies in your car.
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eb3retro
03-10 01:40 AM
I am a july 2nd filer and have changed job 2 times in the past one month and I have no intention to let know USCIS because
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
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hemal555
02-13 01:11 PM
I also think congressman for Bergen County belongs to the target green category. Anyone from Bergen County, NJ to arrage a meet with congressman (some congressman tends to entertain the meeting request from person who belongs to his/her constituency).
thanks,
hemal
thanks,
hemal
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hebbar77
11-12 09:07 PM
I guess this is important. rest will follow.
We must gift him something special. How about a puppy.
We must gift him something special. How about a puppy.
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abhijitp
08-03 02:25 PM
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
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feedfront
09-17 02:02 PM
Attorney will contact us as soon as they get letter. They are not going to respond w/o service fee.
Chillax, it's Friday. We'll definitely get it by next week.
Chillax, it's Friday. We'll definitely get it by next week.
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Michael chertoff
07-12 09:06 PM
AUG BULLETIN is already out, it moved to March06 for EB2,
He is talking about next month (September). I think we have to wait for next year now.
He is talking about next month (September). I think we have to wait for next year now.
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sam2006
01-16 07:21 AM
50$ sign up from me
and 20$ will come biweekly
and 20$ will come biweekly
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kumar1
12-10 01:57 PM
Why are you jumping like s stupid dog? Please explain.
and EB2-India by a month; yaaaaay :)
and EB2-India by a month; yaaaaay :)
ashwin_27
02-07 06:09 PM
I will be traveling from the west coast and am trying to find other South Cal folks who are travelling to the event. Maybe we can coordinate travel, if possible.
Also, would appreciate any car pooling options when in DC/VA.
Also, would appreciate any car pooling options when in DC/VA.
thecipher5
10-12 03:22 PM
Hello!
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5