hazishak
07-18 06:21 PM
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.
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mdmd10
09-14 02:56 PM
Just made a 1 time contribution of $100.
Thank you for all the good work.
Thank you for all the good work.
autture
04-26 04:50 PM
You can get NJ DL on reciept and employers letter. Only thing is you need to go to Trenton or other service centers and not in local office. I got it few months back when I was in you situation.
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addsf345
12-02 07:54 PM
There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
more...
pbojja
09-11 04:21 PM
We need to do some thing about it so that they dont repeat the same mistake again . Lets attach a message or real calculators along with flowers and start campign ..atleast we get the attention like we did in July 07
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
Green.Tech
06-11 03:00 PM
Here is a small contribution from me today.
$25 check made out to IV - 6/11/08
Placed in mail to IV - 6/12/08.
Thanks!
Come on people...looking for more HEROES!
$25 check made out to IV - 6/11/08
Placed in mail to IV - 6/12/08.
Thanks!
Come on people...looking for more HEROES!
more...
sanju_dba
08-12 02:40 PM
if the 2k fee is passed over to H1 employee, then , her/his quality of life is further compromised to degrad ( in this economy as pay hike is tough ). That means more cheap labor and more competition to locals ( if thats how senator see h1 are low paid than locals )
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tsnaresh
09-28 07:42 AM
Filed my first GC in 2001, didn't go well (3-year degree issue). Refiled in 2004 and waiting ....13 plus years since landed in US (1997).
more...
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07-11 07:47 AM
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andy007
07-05 10:56 AM
Bill Clinton & Hillary Clinton is coming to TANA in Washington.. i am from bay area.. i know lot of people are going this.. please take a print out and talk personally, explain our problems.. Please Thanks
more...
eb3_nepa
07-06 12:53 PM
What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
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ksrk
09-10 05:57 PM
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
more...
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SouthSky
06-02 12:50 PM
My PD EB3 01/15/2005
Applied I140 PP 05/18/2007
Approved I140 05/23/2007
Man I am screwed
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
Applied I140 PP 05/18/2007
Approved I140 05/23/2007
Man I am screwed
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
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babu123
09-09 07:59 PM
Contributed 100 dollars just now through Paypal.
Confirmation Number: 51X04511CD291564U.
I am a great admirer of IV and all the efforts IV did so far.
I am going to participate 100% sure in the rally. I am spreading word of mouth everyday about the rally. So far I had convinced 15 people to attend to the rally. Everyone complained that they have work on that day as I expected. However I convinced them and they are 100% sure to participate.
I am pretty confident that this Rally is going to be huge success and will change our lives for sure.
Confirmation Number: 51X04511CD291564U.
I am a great admirer of IV and all the efforts IV did so far.
I am going to participate 100% sure in the rally. I am spreading word of mouth everyday about the rally. So far I had convinced 15 people to attend to the rally. Everyone complained that they have work on that day as I expected. However I convinced them and they are 100% sure to participate.
I am pretty confident that this Rally is going to be huge success and will change our lives for sure.
more...
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raghav0
08-23 10:45 AM
I guess most of us under EB-3 can kiss our GC dream goodbye!! If we remain under EB-3...we will be waiting here forever and we cant move onto EB-2 with the new rules they are proposing....What a way to start the week!!!
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gcformeornot
05-28 08:05 AM
please contribute
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ars01
03-12 04:45 PM
Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?
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lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
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GCwaitforever
04-30 02:11 PM
I believe the 140 backlog is artificial. They processed only 2k cases in one month. How come they finished all EADs in 3 months for all June/July filers? There is something more to all this than meets the eye.
Bootmline is they want to make it hard for us one way or the other. Btw, I had just come out of BEC and got stuck with 140 now.
When did your labor process from BEC? Do you know if there are any pending cases with National processing center, which is the successor of BECs?
Bootmline is they want to make it hard for us one way or the other. Btw, I had just come out of BEC and got stuck with 140 now.
When did your labor process from BEC? Do you know if there are any pending cases with National processing center, which is the successor of BECs?
eeezzz
04-02 02:44 PM
That�s right, no name calling and no country name calling. D.R.D owes us an apology.
D.R.D ??
D.R.D ??
gcisadawg
02-10 08:21 PM
So many idiots here who dont know what marriage means and use their wives as a "maid" for their housework.
yes, my previous reply to your post was a bit sarcastic. Didnt mean to offend anyone!
Using your same token, can we say "there are many idiots here who don't know what parenting is and use their parents to get a life for themselves and then ditch them?"
Dude, straitjacketing doesn't work and as you said, it is totally based on circumstances. :)
yes, my previous reply to your post was a bit sarcastic. Didnt mean to offend anyone!
Using your same token, can we say "there are many idiots here who don't know what parenting is and use their parents to get a life for themselves and then ditch them?"
Dude, straitjacketing doesn't work and as you said, it is totally based on circumstances. :)
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