simple1
05-04 07:38 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
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hpandey
07-20 05:07 PM
IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.
I am EB3 and I contributed to every IV campaign including the last DC advocacy. Just because all IV efforts end up helping only EB2 does not mean EB3 people do not contribute or participate in advocacy efforts. Its just that no one wants to hear about EB3 whether it be USCIS or anyone else. :mad:
I am EB3 and I contributed to every IV campaign including the last DC advocacy. Just because all IV efforts end up helping only EB2 does not mean EB3 people do not contribute or participate in advocacy efforts. Its just that no one wants to hear about EB3 whether it be USCIS or anyone else. :mad:
kshitijnt
05-01 09:41 PM
Even I got a lot of red dots on this post.
Please give me some green now :)
Please give me some green now :)
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xyz_123
07-21 04:50 PM
I work for a Fortune 100 company and they have recently denied my request to convert my application to EB2 because its very hard to complete the recruitment and also they are afraid of an audit.
If there are options outside I wouldn't even think for a second, but there aren't that many employers willing to deal with the green card mess.
If there are options outside I wouldn't even think for a second, but there aren't that many employers willing to deal with the green card mess.
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mariusp
03-04 04:23 PM
As an update,
I called TSC again today. Previously, I called early in the morning here on the East Coast and was transferred to the national service center, so at least this time I got to speak to someone @ TSC.
I gave them my receipt # and as soon as I mentioned biometrics the person said that she will schedule appointments for me and my wife and depending on availability at the local center I should get an appointment letter in the following 60 days. They must be getting a lot of this type of calls because she was very prompt to schedule the appointment. I also asked about my NC status and that was cleared in Sept so good news there as well.
I'm a little more optimistic as this time as at least now I know that USCIS initiated the request.... I'll wait and see what happens next.
So basically, this is the 3rd time I call and the first time they're willing to do anything to help.
I actually did call in mid Nov. and opened a SR. I then got a canned response about a month ago on how the case is within processing time and blah blah... I call again this morning and apparently their system was experiencing some kind of problem and the rep. wasn't able to open a new SR although she did apologize and thought that 5 months is an excessive amount of time to wait for biometrics. She then transferred me to an IO who based on the service center processing times posted online told me that they're currently processing May 07 and my receipt date of July 12 is not up yet.... What a bunch of BS!
I called TSC again today. Previously, I called early in the morning here on the East Coast and was transferred to the national service center, so at least this time I got to speak to someone @ TSC.
I gave them my receipt # and as soon as I mentioned biometrics the person said that she will schedule appointments for me and my wife and depending on availability at the local center I should get an appointment letter in the following 60 days. They must be getting a lot of this type of calls because she was very prompt to schedule the appointment. I also asked about my NC status and that was cleared in Sept so good news there as well.
I'm a little more optimistic as this time as at least now I know that USCIS initiated the request.... I'll wait and see what happens next.
So basically, this is the 3rd time I call and the first time they're willing to do anything to help.
I actually did call in mid Nov. and opened a SR. I then got a canned response about a month ago on how the case is within processing time and blah blah... I call again this morning and apparently their system was experiencing some kind of problem and the rep. wasn't able to open a new SR although she did apologize and thought that 5 months is an excessive amount of time to wait for biometrics. She then transferred me to an IO who based on the service center processing times posted online told me that they're currently processing May 07 and my receipt date of July 12 is not up yet.... What a bunch of BS!
gchopes
12-10 05:06 PM
dingudi - You talking about a possible connection between NC & FP.
Are the TSC folks waiting for FP in this thread primarity from NC? I am from NC and waiting for FP.
Are the TSC folks waiting for FP in this thread primarity from NC? I am from NC and waiting for FP.
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Jelena
07-07 10:46 PM
My vote goes for DC on 7/14. Many people like me might have already used their time off recently to get a medical exam and paperwork for I-485. I live in Baltimore area and simply cannot make it to DC on a weekday. If I lose my job I won't get a green card - as simple as that.
If there are others in Baltimore area who would like to join the action please don't hesitate to contact me. We could car pool and get together to make signs. I'll also try to gather some friends, although it might be tough on a short notice - almost everyone is on vacation.
If there are others in Baltimore area who would like to join the action please don't hesitate to contact me. We could car pool and get together to make signs. I'll also try to gather some friends, although it might be tough on a short notice - almost everyone is on vacation.
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sam_i02
06-22 06:19 PM
Thanks everyone for sharing your experiences. I plan to take care of the Canada landing on the 4th of July. Will be in Canada for a week and spend some time with friends and family. Hopefully all goes smooth. I plan to re-enter on AP - will post my experience here.
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v2neha
09-16 06:21 PM
Congrats !!! and can you please give me the details how to contact Sen. Kennedy - MA
If you live in MA, go to http://kennedy.senate.gov/ and select 'case work' from Constituents Services. If you live in another state, go to your state's senator's website and find link to send them request related to cases pending with gov. agencies.
BTW - I received physical EAD cards with two year validity in mail on 9/11
If you live in MA, go to http://kennedy.senate.gov/ and select 'case work' from Constituents Services. If you live in another state, go to your state's senator's website and find link to send them request related to cases pending with gov. agencies.
BTW - I received physical EAD cards with two year validity in mail on 9/11
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sodh
07-10 01:25 AM
Can someone give me Michael Moore's contact and I can gaurantee you that his next movie will be on USCIS and DOS.
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asdcrajnet
02-01 08:15 PM
wish you the very best in your future endeavor (In Tamil: ungal vazhkhai payanam inithaga amaiye engal vazhthukkal!)
Mikka Nandri!!
Mikka Nandri!!
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needhelp!
02-18 04:27 PM
Its easy to point at IV core for direction, but where is everyone when IV core gives a direction? There was a thread poll for another rally, but how many members came forward? How many IV members made an effort to convince others to vote on that poll so that IV core can plan for a rally?
If IV members do not come forward for contributions and action items then IV core has to make do with limited funds and use them thriftily. That only means lesser results for us.
It was the lobbying that got the bills introduced, so the least that we can do is contribute towards the lobbying expense. Its not going to work if everyone says that they will contribute when a bill comes on the floor.
I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
If IV members do not come forward for contributions and action items then IV core has to make do with limited funds and use them thriftily. That only means lesser results for us.
It was the lobbying that got the bills introduced, so the least that we can do is contribute towards the lobbying expense. Its not going to work if everyone says that they will contribute when a bill comes on the floor.
I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
more...
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alterego
03-07 03:54 PM
I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.
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archanais
07-04 10:41 PM
Yahhh Diptam it really helps,
But beleive me its not that easy to find company Z at least in miami. Major clients don't even interviewH1b candidates.. same old story...
I would love to take revenge with company X at some point in my life :(
Sometimes I feel submit I-485(whenever dates becomes current and pray to the god that Company X don't cancel my I-140) using an initial employement letter from company X and hope it will take more than 180 days and then show paystubs of Company Y upon RFE.
Guys, what do you think ?
First of all - Stay away from X ( be it american/russian or whatever company)
From your post it seems like Y is a kind of better in behaviour, closer to Home
, wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).
I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....
After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.
Does this helps ??
But beleive me its not that easy to find company Z at least in miami. Major clients don't even interviewH1b candidates.. same old story...
I would love to take revenge with company X at some point in my life :(
Sometimes I feel submit I-485(whenever dates becomes current and pray to the god that Company X don't cancel my I-140) using an initial employement letter from company X and hope it will take more than 180 days and then show paystubs of Company Y upon RFE.
Guys, what do you think ?
First of all - Stay away from X ( be it american/russian or whatever company)
From your post it seems like Y is a kind of better in behaviour, closer to Home
, wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).
I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....
After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.
Does this helps ??
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gccovet
08-05 11:35 AM
My priorty date is 17th Jan 2003 Eb3(2)-India.
485 filed on 31st july 2007.
I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
Has anyone else gotten a lud on their I-140 also ?
Thanks.
Mahujam,
I got soft LUD on my I140 (approved in 2006)as well around same date as your. No way I would get GC as I am EB3-I 5/04. I posted this question several places, but have not recd. any answers for anyone.
GCCovet
485 filed on 31st july 2007.
I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
Has anyone else gotten a lud on their I-140 also ?
Thanks.
Mahujam,
I got soft LUD on my I140 (approved in 2006)as well around same date as your. No way I would get GC as I am EB3-I 5/04. I posted this question several places, but have not recd. any answers for anyone.
GCCovet
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abq_gc
08-23 03:33 PM
Cool...I have an LUD of 5th August and after seeing your message, hope to get my receipts soon as well !
I had a LUD on 07/22 and I am still waiting....
I had a LUD on 07/22 and I am still waiting....
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vjkypally
05-19 11:08 PM
Just Donated 25 dollars. I don't see Donor status. Does it take time?
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TheOmbudsman
10-18 10:11 AM
That's why I said before;some people are pretty sure that if democrats win, we will be alright. In my view it may turn out to be the opposite. Democrats favor illegal immigration. I think they are less inclined to pass our SKULL bill alone. I strongly believe that that democrats would rather attach our bill to the CIR/illegal alien amnesty bill, which still will be controversial to pass. Even if Sen. Specter and his team manage to flood America with illegal aliens, then we may take a hit from the collateral effects caused by millions of applications at USCIS.
If Republicans win, we are problably in a better shape.
Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
If Republicans win, we are problably in a better shape.
Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
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beautifulMind
10-08 05:24 PM
So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.
Actually my company went bankrupt and eventually everyone got laidoff...
I have paid taxes to this country for 9 years now and I deserve a GC.
We have had to give up our dreams stuck at the same job for 5-6 years..Did not take promotions, pay hikes with fears of screwing up the GC process...many got laid off....
The process is just screwed up..no other country follows it and it is the same process from last 20 years...
Actually my company went bankrupt and eventually everyone got laidoff...
I have paid taxes to this country for 9 years now and I deserve a GC.
We have had to give up our dreams stuck at the same job for 5-6 years..Did not take promotions, pay hikes with fears of screwing up the GC process...many got laid off....
The process is just screwed up..no other country follows it and it is the same process from last 20 years...
newu77
08-20 04:15 PM
I called on friday. Had to explain the lady that as per press-release, my receipt number should be issued. After 20 minutes of discussions, she escalated my call to another officer. She checked the database with my name, DOB and A# but she could not find any thing related to I-485.
maverick_joe
05-12 12:37 PM
are they talking abt EB3 I or ROW or both here?
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
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