SA EB3 Retro
08-13 03:20 PM
Signature has all relevant information. I-140 was approved August 2005.
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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
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
atmercyofdol
10-08 01:29 PM
I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
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clockwork
07-02 09:53 AM
Only 50 people mailed their package for July 2nd delivery. You got to be kidding. Please post details of your friends as well if they shipped on July 2nd. I remember seeing a post on another thread with speculation of 100K packages. Thanks -:confused: :confused: :confused: :confused: :confused:
more...
h1techSlave
03-08 08:06 PM
I agree with gc28262's comments.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
spmusa
09-05 01:19 PM
PD-Aug 2003/ Category - EB3
Labor Cleared - March 2005
I-140 Cleared Dec 2005
I-485 Sent 07/25/2007
Receipt Date - Not yet
Service Center -NSC
Labor Cleared - March 2005
I-140 Cleared Dec 2005
I-485 Sent 07/25/2007
Receipt Date - Not yet
Service Center -NSC
more...
realizeit
05-08 07:08 PM
I think, this argument is wrong! Legally, any descrimination based on national origin is not valid.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
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Lisap
08-30 04:56 PM
FYI I received my EAD card this morning!!! I know yours are all coming soon! It never updated online it just said that the approval notice was sent- it never said card ordered.
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Macaca
07-09 05:07 PM
Section 245.1 (g)
(g) Availability of immigrant visas under section 245 and priority dates�(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I�485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101�238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
Please post URL of this and others. Thanks!
(g) Availability of immigrant visas under section 245 and priority dates�(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I�485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101�238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
Please post URL of this and others. Thanks!
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chanduv23
06-26 10:06 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
I am working on EAD after filing AC21. When I requested for EVL more than once because of NOID situation, my HR was not happy about it. She said she cannot keep giving letters all the time and she also expressed such concern to my manager. My manager in turn told me "This is why we do not get into this stuff, we were not aware of all this when we hired you and we have a policy to hire only Green card and USC" - all of it was oral. When I went into our HR website - it clearly states that hiring needs to have "i9" compliance and thats it.
One thing we have to understand - employer can decide to hire who they want but must not discriminate.
Basically if employers are not willing to sponser they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "nly security clearance"
Looks like most HRs or companies may not be following such pattern because they may not know. When my wife was applying for jobs - some reqruiters did not understand EAD and she explained and they said "We need to learn more about this"
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
I am working on EAD after filing AC21. When I requested for EVL more than once because of NOID situation, my HR was not happy about it. She said she cannot keep giving letters all the time and she also expressed such concern to my manager. My manager in turn told me "This is why we do not get into this stuff, we were not aware of all this when we hired you and we have a policy to hire only Green card and USC" - all of it was oral. When I went into our HR website - it clearly states that hiring needs to have "i9" compliance and thats it.
One thing we have to understand - employer can decide to hire who they want but must not discriminate.
Basically if employers are not willing to sponser they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "nly security clearance"
Looks like most HRs or companies may not be following such pattern because they may not know. When my wife was applying for jobs - some reqruiters did not understand EAD and she explained and they said "We need to learn more about this"
more...
chalamcharla
10-16 02:40 PM
Finally all my checks have been cashed today. Reached application to NSC on July5th but as per checks back side the receipt no's allotted from Texas (Recepit no started SRC xxxxxxxxxxxx ) . Verified those receipt no's in online status and looks like they haven't entered yet in automatic system.
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MightyIndian
09-27 11:35 AM
See my signature:)
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pcs
03-08 07:11 AM
I strongly encourage you & your friends to do this.. I gurantee you... you will be less stressed & will no longer be helpless.
Remember.... you are not alone .... we are all with you in everyway....
Best of luck
Remember.... you are not alone .... we are all with you in everyway....
Best of luck
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spulapa
02-02 10:24 AM
All the very best in what ever decision you take....!!
You have to churn thru a hell lot of things before you make a decision and I'm sure since you have made up your mind you have taken into consideration all the aspects...!!
You have to churn thru a hell lot of things before you make a decision and I'm sure since you have made up your mind you have taken into consideration all the aspects...!!
more...
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CADude
08-17 04:34 PM
You are in "Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions." tread.
Got it.:D:D:D:D
I agree. Aware members need to inform ignorant members obsessed with notices on other threads and stop those therads NOW. We have tolerated such threads enough. I am not joking, you will see from today new threads of EAD and AP trackers for the next 6 months. So let us all nip this in the bud in the interest of this organization. What do you think?
Got it.:D:D:D:D
I agree. Aware members need to inform ignorant members obsessed with notices on other threads and stop those therads NOW. We have tolerated such threads enough. I am not joking, you will see from today new threads of EAD and AP trackers for the next 6 months. So let us all nip this in the bud in the interest of this organization. What do you think?
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anda007
07-09 03:26 PM
I spoke to this journalist for almost 20 minutes
She is awesome and really really listens to you and gets a lot of information to you
THIS IS A LIVE PERSON
She is interested in talking more people and also if possible with other ASIAN people (Chinese/Taiwanese/Pakistanis), who are in the same boat
Call her and she picks up the call.
I found this in the one of the forums.. please people contact the report have people hear us.
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
She is awesome and really really listens to you and gets a lot of information to you
THIS IS A LIVE PERSON
She is interested in talking more people and also if possible with other ASIAN people (Chinese/Taiwanese/Pakistanis), who are in the same boat
Call her and she picks up the call.
I found this in the one of the forums.. please people contact the report have people hear us.
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
more...
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kshitijnt
05-09 10:08 PM
For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
-a
Well thanks for the suggestion. You can check yours before sending the email. I am not trying to impress Obama. Just making my point clear. I am sure your english is better than mine.
-a
Well thanks for the suggestion. You can check yours before sending the email. I am not trying to impress Obama. Just making my point clear. I am sure your english is better than mine.
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amitjoey
11-17 03:47 PM
Some of us have established contacts with our local congressional office staff and built a rapport. Should we send those contacts an email with this text?
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dingudi
03-23 05:29 PM
Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
Like Dard-E-Disco pointed, that is the link I am aware of regarding someone getting the RFE. Also you will not know what may happen at POE unless you travel and find out yourself.
I had also landed in canada in 2004 and came back to US but at that time my I-140 was also not filed. But as soon as my I-1485 got filed last year I had to take a decision whether I want US GC or canadian GC because my 3 year validity for canada GC was getting over last year. So I decided not to pursue canada GC and just stick to getting a US GC.
Believe me I had also invested so much money and time in trying to canadian GC but because my AOS got filed last year, I made the decision to let go of my canadian GC.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
Like Dard-E-Disco pointed, that is the link I am aware of regarding someone getting the RFE. Also you will not know what may happen at POE unless you travel and find out yourself.
I had also landed in canada in 2004 and came back to US but at that time my I-140 was also not filed. But as soon as my I-1485 got filed last year I had to take a decision whether I want US GC or canadian GC because my 3 year validity for canada GC was getting over last year. So I decided not to pursue canada GC and just stick to getting a US GC.
Believe me I had also invested so much money and time in trying to canadian GC but because my AOS got filed last year, I made the decision to let go of my canadian GC.
eb3_nepa
07-05 06:02 PM
Dude a stinking dead fish could be considered a bio-weapon :D
Well atleast that gets the message through ;)
Well atleast that gets the message through ;)
dtekkedil
07-10 09:31 AM
maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
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