Wednesday, September 21, 2011

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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





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  • gc_lover
    07-18 09:54 AM
    I checked with somebody who has hired Rajiv Khanna as his lawyer. He said that those who had filed in July are fine and there is no need to re-file it.

    I am still waiting to hear from my lawyer though.





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  • fcres
    07-23 04:15 PM
    Well according to this FAQ dated 07/23 they will accept application without medical report (Qn# 13) which is also an initial evidence. So i hope EVL is also ok.
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf





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  • deafTunes123
    04-25 10:20 AM
    congratulations eb2 june 2003



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  • Chicago Desi
    03-18 06:10 PM
    Welcome to the wonderful world of prejudice, ignorance and stereotyping.

    Sorry if this is offtopic but can someone explain to me who banned me and why? I didn't write anything offensive or abusive, and I didn't insult anybody. I was just discussing the issues I read in another forum.

    If it is my handle, you don't like, well my name is Tawlibann Foggs (it is Celtic name, and quite rare but I like it). My friends call me Taliban jokingly (I know it may not be funny to all of you, and I didn't like it at first, but I can't stop people), so that's why the handle was 'taliban'. I hope that answers your questions, and I mean no harm to anyone.

    I thought this forum was open to everybody to express their opinions and discuss relevant issues without insulting others. If you're going to keep banning me, please just let me know that I'm not welcome, and I'll leave. I thought Immigration Voice and its forum was open to all EB immigrants. I was even intending to become a contributing member, but now I'm kind of lost. Am I not supposed to post here? Is there something I missed?





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  • pappu
    01-02 08:13 PM
    I have posted about immigrationvoice.org in following yahoo groups

    IIT- Global (2526 members)
    IIT-midwest(317 members)
    IITK-westcoast(766 members)
    Inter IIT (4654 members)

    I hope this helps.

    Good Luck to All

    -Shukla
    Thank you very much

    could you and couple of more members volunteer to post messages on the following sites
    http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
    Pls post on this thread once you have posted.



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  • nomi
    12-13 10:25 AM
    Count me and 2 more members with me....lets have a plan..and execute it.


    Would some one will take control to make letter ready which we need to send to USCIS and I will work to get info about USCIS office and fax number ??

    Please let me know who will make this fax letter ready ??

    thx.





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  • webm
    03-17 04:03 PM
    "Eb3 India PD of May 2001"---optimystic

    You should have got GC by now right??



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  • nojoke
    03-01 04:06 AM
    Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.

    They are throwing good money into a black hole.:mad:





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  • delhiguy
    07-09 08:39 PM
    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...

    That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..



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  • javadeveloper
    12-12 04:09 PM
    Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category.

    Agreed.The purpose of H1Bs is to help companies.The purpose of GCs is for political reasons with a Mask named EB.

    They don't care if we are tired of working in H1B , many people are in Line to come here on H1.Then they don't have to give you a GC when there are millions of people are ready to work on H1

    My 2C





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  • mjadala
    09-10 05:35 PM
    Guys,
    The link isnt working for me too.

    I hope things work in favor with this bill today, but if not, we must ask for Citizenship instead of Greencards. Anyone with me.,

    We have all waited for 5-10 year and there are many who got it in one year and then Citizenship in 6-8 years from the day they got their GCs. That was the normal timeframe. But due to their inefficiency, we are waiting this much time. NOT our fault. Now dont you guys think we must ask for Citizenship.. I thought my case was too stressful, came 99, applied 04, waiting for 485 now, but I have seen so many many stories of ohter guys also here who suffered more. I feel we must ask them Citizenship. If we get, great, else atleast we end up with GC.
    Anybody with me,

    Thanks,
    Sri.,

    Came in 98; applied in 04, waiting.



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  • getgreensoon1
    05-23 02:00 PM
    Here is the issue: If you are thinking of doing MBA to get a management job in a US company and are an Indian, please forget it. You might get a low level management position paying at most 80K. MBA is not for everyone - you have to have it in you to get something out of an MBA. It's not about landing that good job. You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language. Unless you are planning to settle in India OR REALLY THINKING OF PUTTING A LOT OF EFFORT in mastering the English language and your outlook, an MBA is not going to serve you in the US.
    Like, someone said, an MBA is more than just a degree. You can get a better, much higher paying job (300K+) without an MBA but with excellent logic, hard work, conversational skills and outgoing personality. No GC required :)

    MBA is not for everyone and in addition, an Online MBA doesn't have any value. MBA is not the same thing as learning cntrl C and cntrl V and then working for a shady desi consultant.





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  • singhsa3
    03-04 08:32 AM
    Nope you got it wrong!

    The message is simple, you got the people with right stuff, standing in the line, waiting for their green cards. Their wait is neither good for them nor good for anyone else.

    By the way, nobody is claiming that we all will buy the house, we just are saying that we have the potential. And we want a platform to realize this potential. This is the fact no one can deny.

    Every point you are raising , I have answers for that, what will it take me to convince you now?

    Exactly. An idea is like a spark, but you have to be mindful of what we are pledging. Can someone in one single sentence write down the intent of this poll? If I understand correctly, the idea is to alert the media/USCIS and let them know that hey if you give us GCs, we will buy a house!

    So far people have only voted that they will buy a house when their I-485 gets approved. Yes, but when? The next day, next year, 2010, 2015?

    singhsa3/abhijitp/etc. Just write down the idea in one sentence or at least very clearly what it is that we are saying we will do in return for a GC and by when will we deliver on our promise. And then if the idea seems doable or worth pursuing, all of us can support it.

    In all reality, this is a far-fetched idea which cannot be legally binding so it would be tough for USCIS to enforce it. Flower campaign worked because USCIS knew they had done something illegal. IV has a tough time getting people here to contribute in return for getting a GC and here we are promising USCIS that we will buy a house in return for a GC. Hmmm...



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  • purplehazea
    06-13 11:30 AM
    Unless IV is extremely sure that we can get an amendment with 60-70 percent of our provisions in there, we should not support revival of CIR. CIR has brought more anxiety and forecasted pain than relief. It is better to have no relief than to be rendered powerless by the anti-immigrant bodies which seem to be much more powerful and influential on capitol hill when compared to pro-immigrationists. This is just a bad time, we have to build enough strength before another attempt for reform.





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  • sanju
    04-04 03:43 PM
    You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.


    That is a good question. And here is a reply to that.

    Why does IEEE oppose H1? Because its members do not like competition from people whose profile match IV members i.e. people on H1B. If IEEE would be in love with green card and people waiting on green card, they would not support John Miano and his testimony. IEEE-USA's memberships consist of middle aged racist engineers who cannot keep up with the competition from mostly Asian younger workers. In the 80s and 90s, they were talking about globalization and its benefits as they got a jump start to get most of the global work. Now, other people in other nations have caught up and same globalization is causing them to pee in their pants. They understand that globalization is good for the country and the society. But what is good for the nation is not always good for each and every individual. So to save their lazy ass, they now want protection from their government, without realizing that if they get the protection they are seeking, they will not be able to enjoy that protection for very long as the companies will be compelled to look for more efficient and cost effective ways to do work.

    Anyways, answer to your question is in your question i.e. How could someone be against H1b and for green card?



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  • dontcareanymore
    07-29 01:35 PM
    please let me know how to close the thread. I do not want divide IV.

    Don't worry.You have no chance ...........(..........of dividing IV)
    IV is ROCK SOLID :):)
    .
    .
    .
    .
    .
    .........

    No...... Just joking.
    It is already divided and you have no chance of dividing it any further. Look at EB2 Vs. EB3 posts with I am better than you attitude and EBX-I vs ROW posts.

    Your thread is just a punching bag :) All had fun giving their 2 cents and this is my 2 cents.





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  • nandakumar
    10-22 05:37 PM
    I faxed the FOIA request.





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  • kartikiran
    03-18 01:24 PM
    Its more than 6 yrs now, since I started my GC process.
    __________________
    PD Date: 03/25/2002 EB3
    I140 aprvd from TSC: 06/2006
    485 filed @ TSC: June 29th 2007.





    jcgc
    02-21 03:18 PM
    Dont rely on tracitt. no one knows how many report there. It is not scientific or true. For right numbers, anlyse the DOS report for each year, if you hva more time.

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Well that is the only available source. The DOS reports will tell you how many numbers have been used up historically. But they don;t tell you what USCIS has on its plate still pending right now by PD. And as far as i know, is the best option.





    amitps
    09-26 01:48 PM
    People - Damage control has been done....

    This is another win for IV ......



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