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  • simple1
    05-02 02:00 AM
    http://www.state.gov/documents/organization/87867.pdf

    status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).

    ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
    203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP




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  • Sideliner
    07-20 09:36 AM
    100$ from me. Please let me know how and when. Thanks




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  • newuser
    05-23 01:22 PM
    Finished calling 20 senators from Tier3.




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  • mirage
    03-07 10:23 AM
    Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..

    Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
    Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).


    Anything that has language to exempt from quota is bound to run into severe resistance. However one thing here in US is to challenge any ambiguous negativity in courts. Has there been any instance of challenging country quota in the court as discrimination as some people brought it up earlier. Remember laws can also be changed through courts also, not just legislation.

    Even though we are far from Citizenship test, I know there are 3 branches of government,
    Judicial, Legislative and Executive.

    We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.



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  • xeixas
    09-10 02:33 AM
    It looks like prior to this visa bulletin, the DOS was just guessing the dates for the visa bulletins. Hopefully this behavior changes moving forward.

    The best example to illustrate this is EB3-ROW:

    1) Back in October 2006, this category was on 01MAY02. Very close to where it is right now.
    2) DOS was not getting enough visas from USCIS, so they increased the date. By May of 2007 (Same Fiscal Year) the date was 01AUG03.
    3) They still didn't get enough visas. So, by June of 2007 they moved it to 01JUN05.
    4) The July 07 bulletin happened and after that everything became unavailable.
    5) Then in October 2007, when the USCIS had not revised any of the July 07 applications, the DOS still didn't know what to expect, so they went back to 01AUG02.
    6) Again, they didn't get enough applications, so they moved the date up. By January 08 they were in 15OCT02. And in Jun, they went all the way to 01JAN06. Then they became unavailable again.
    7) In October of 2008 the date was in 01JAN05, which means that USCIS was not done with the July 07 cases and DOS didn't know what to expect. In April of this year they go back to 2003 (some I-485s that were received back in 2007 getting approved?) and then they became unavailable.
    8) Now in October 2009 they are back in 2002.

    With dates going from 2001 to 2005 then back to 2002 then up to 2006 then back again to 2002 (EB3-ROW in the last 3 years), it is easy to conclude that up until now, USCIS and DOS have been gambling with the dates. So the October bulletin could mean one of two things: 1) Either they have valid data now and the dates for this bulletin are realistic, which would be good because at least we would know now where we stand or 2) They are still gambling, which is neither good or bad, because with the previous history of movement in the dates, the dates could go back to 2006 again or even further...




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  • sammyb
    11-21 10:58 AM
    Can IV as a group arrange some legal consultation for Mehul and his family ... guess we can have a fund drive and raise some money to cover the legal fees ... I am for it... let me know what other thinks ...



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  • mirage
    03-06 04:31 PM
    And worst is the lottery...What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.




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  • fundo14
    04-18 05:43 PM
    Hi All,

    I have to do the landing before june, 2008.

    I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.

    I am planning to do the landing in last week of may via Niagra falls. (toronto)

    anyone with similar status done landing please share your experience.

    Thanks



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  • bebar
    06-15 11:52 AM
    Filed June1st. But still waiting for receipt notification.




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  • EADplease
    09-11 04:45 PM
    Congratulations, mine (485 and 765 for my husband) was received by TSC on July 24th but no receipt, no checks cashed nothing yet. It seems TSC is really slow in receipting the applications. My husband needs to travel abroad soon and we're anxiously waiting for the receipt...

    My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.

    Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.

    Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.



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  • sam0407
    09-20 04:20 PM
    Just got update from my layer that they have received 6 RN's for me and my wife. I filed our AOS on 9th-July-2007 at NSC. My I-140 was filed at NSC last year but it was not approved at the time of my AOS filing. Last week I also got my I-140 approved. I am on EB2.

    Wish everybody get their RN's soon.. It should be just matter of days.




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  • franklin
    07-07 09:59 PM
    Macaca,

    Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum

    Franklin here - don't worry Macaca I just like reminding people occasionally when things get out of order :)

    I couldn't make it unfortunately (short notice and had, ironically, my FP appointment at the same time in a different city). But I'm glad that some people did.

    I guess I'm the unofficial coordinator of Nor Cal I just get conference calls together every now and then :rolleyes:



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  • sam_gada
    07-11 02:52 PM
    Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com.

    - Sampath Gadamsetty




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  • Refugee_New
    08-18 03:11 PM
    With this issue of priority date taking a back seat to notice date when dates are current :

    While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.

    Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.

    Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.

    immigration trackers.

    One more guy with "LOW HANGING BALL" analogy. Hey Lord Labaku, romba nalla peru (very nice name but das is missing)



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  • vbkris77
    05-04 08:09 PM
    OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.

    Below is the link

    http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782



    TITLE 22 - FOREIGN RELATIONS

    CHAPTER I - DEPARTMENT OF STATE

    SUBCHAPTER E - VISAS

    PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS

    42.32 - Employment - based preference immigrants.

    Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.

    (a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.




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  • reddymjm
    05-01 09:48 AM
    Count me in for the Lawsuit



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  • rajbgp2002
    05-02 02:31 PM
    http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm


    SIA Urges Support for 'SKIL Bill'; Cornyn Bill Would Help High-Tech Industries Facing Shortage of Scientists and Engineers

    SAN JOSE, Calif. --(Business Wire)-- May 2, 2006 -- The Semiconductor Industry Association (SIA) today expressed strong support for S. 2691, legislation known as the "SKIL Bill" (Securing Knowledge Innovation and Leadership). The bill was introduced by Senator John Cornyn (R, TX) and co-sponsored by Senators George Allen (R, VA), Wayne Allard (R-CO), Robert Bennett (R-UT), Michael Enzi (R-WY), and Trent Lott (R-MS).



    The legislation has four main provisions supported by technology companies:

    -- It reforms both the H-1B visa and employment-based (EB) green card processes by exempting U.S.-educated foreign workers with advanced degrees from the H-1B and EB quotas.

    -- It creates a flexible, market-based H-1B cap. The current limits on such visas were reached in August 2005, preventing U.S. employers from utilizing H-1B visas to hire workers with critically needed advanced skills until October of 2006.

    -- It extends the optional post-curricular training program for foreign students to 24 months from the current 12 months. This provision would make it easier for skilled individuals to go from student to green card status.

    -- It exempts immigrant spouses and children of EB and green card workers from the annual cap, thus making more visas available for highly skilled workers.

    "America is simply not graduating enough scientists and engineers to keep our country in the forefront of innovation and technology," said SIA President George Scalise. "The provisions in Senator Cornyn's 'SKIL bill,' as well as similar provisions in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist and Senate Judiciary Committee Chairman Arlen Specter, address our critical shortage of scientists and engineers. The Congress must quickly pass legislation to keep foreign-born, U.S. educated talent working for U.S. companies. Leadership in technology has been critical to driving economic growth, enhancing productivity, improving our standard of living, and ensuring national security. Leadership is not a birthright -- it must be earned, and it takes highly skilled scientists and engineers to earn leadership," Scalise concluded.

    About the SIA

    The SIA is the leading voice for the semiconductor industry and has represented U.S. semiconductor companies since 1977. Collectively, the chip industry employs a domestic workforce of 225,000 people. More information about the SIA can be found at www.sia-online.org.




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  • glus
    05-23 12:56 PM
    Fax numbers to senators I have faxed:

    Clinton: 202-228-2082
    Schumer: 202-228-3027
    Lott: 202-224-2262
    Reid: 202-224-7327
    Cornyn: 202-228-2856
    Hagel: 202-224-5213
    Martinez: 202-228-5171
    McConnell: 202-224-2499
    Kennedy: 202-224-2417
    Obama: 202-228-4260




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  • kondur_007
    08-18 02:48 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.

    I can understand the frustration here. The problem is, USCIS has been doing this for several years and everyone knows this.
    Even Ombudsman mention this in his report! So I dont think we can write much of letters about this...it is a well known and acknowledged fact!

    Now what is the solution? The problem is USCIS claims that they do not have enough resouces to implement FIFO. Or may be they do not have a system to utilize available resources to do so.

    This is not likely to change in next couple of months. So with all due respect, everyone with current PD but still waiting for GC will just have to wait and hope for the best. I wish my good luck to all. The best we can expect from USCIS at this point is to use all the visa numbers and not to waste any.

    On a long run, this does need to change. It will take several months or years to change and it is worthwhile to attempt our efforts in that direction. Or suggest something in that line to include in upcoming CIR next year.

    any thoughts?




    sam2006
    07-20 03:22 PM
    Was asking in general..

    If you have used papal you can track all the funds filtering IV.

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    Madhuri
    02-17 07:59 PM
    Keep it going guys and gals!



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