desi3933
07-10 09:15 AM
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
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akred
05-24 02:31 AM
Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year.
Hmm, so one would conclude that immigrants work harder than the natives. What is stopping the natives from working as hard? At the very least the immigrants are keeping natives honest and increasing competitiveness.
You also misunderstand the chief reason why younger employees work long hours. It is because they want to learn and become more productive in the future, so they can make more money, not because their job depends on it.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
This may well be true for illegals. In fact it is true for any work that is well understood.
By its very nature high skilled workers are expected to perform leveraged work where there isn't a direct correlation between results achieved and the number of hours worked.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
See my comment above about leveraged work. This applies all the way to the CEO, and is the reason for insane salaries. As for the point about salary inequality, US income equality is better than Mexico's and significantly worse than India's, so there may be something there contributing to angst amongst Americans.
http://en.wikipedia.org/wiki/List_of_countries_by_income_equality
Hmm, so one would conclude that immigrants work harder than the natives. What is stopping the natives from working as hard? At the very least the immigrants are keeping natives honest and increasing competitiveness.
You also misunderstand the chief reason why younger employees work long hours. It is because they want to learn and become more productive in the future, so they can make more money, not because their job depends on it.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
This may well be true for illegals. In fact it is true for any work that is well understood.
By its very nature high skilled workers are expected to perform leveraged work where there isn't a direct correlation between results achieved and the number of hours worked.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
See my comment above about leveraged work. This applies all the way to the CEO, and is the reason for insane salaries. As for the point about salary inequality, US income equality is better than Mexico's and significantly worse than India's, so there may be something there contributing to angst amongst Americans.
http://en.wikipedia.org/wiki/List_of_countries_by_income_equality
anukcs
09-02 11:33 PM
Received 'Card Production Ordered' email for my EAD few minutes back. Had received the same email yesterday for my wife. AP was approved for both me and my wife on 7/24. RD is 6/19/08 and ND is 6/23/08.
I am now relieved since I am currently working on EAD and current EAD expires on 10/4.
Regards,
I am now relieved since I am currently working on EAD and current EAD expires on 10/4.
Regards,
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kondur_007
07-28 12:50 PM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance.
From your knowledge of words it sounds to me that you should get a "PhD" in language or politics or something like that and apply for EB1...Why are you doing EB3???
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
Keep in mind, here you are challenging the entire system...you are challenging DOL, DOS and USCIS integrity...
I do not like to annoy anyone ever, but your posts are so annoying that I could not resist. Forgive me if I offended you.
An honest advise: (and please do not take me wrong): you mentioned earlier that you have qualification for EB2. If I were you, I would definitely pursue the conversion from EB3 to EB2 before it gets even tougher to do so. And this is not jost for you or even EB3, this applies to EB2 as well. Every EB2 should try to get EB1. Going higher up in hierarchy is only beneficial.
From your knowledge of words it sounds to me that you should get a "PhD" in language or politics or something like that and apply for EB1...Why are you doing EB3???
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
Keep in mind, here you are challenging the entire system...you are challenging DOL, DOS and USCIS integrity...
I do not like to annoy anyone ever, but your posts are so annoying that I could not resist. Forgive me if I offended you.
An honest advise: (and please do not take me wrong): you mentioned earlier that you have qualification for EB2. If I were you, I would definitely pursue the conversion from EB3 to EB2 before it gets even tougher to do so. And this is not jost for you or even EB3, this applies to EB2 as well. Every EB2 should try to get EB1. Going higher up in hierarchy is only beneficial.
more...
ChampU2008
11-18 10:30 AM
Thank you for your letter regarding the Development, Relief, and Education for Alien Minors (DREAM) Act of 2009 (S. 729). As always, I value your input on this and other issues, and strive to keep you updated on the important issues facing us today.
On March 26, 2009, the DREAM Act was introduced by Senator Richard Durbin (D-IL). This bill would authorize the Secretary of the Department of Homeland Security to cancel the removal of, and give conditional permanent resident status to, an alien who entered the U.S. prior to his or her 16th birthday and has lived in the U.S. for a period of 5 years. Such a resident must also meet other requirements, such as be judged to be of good moral character, not inadmissible or deportable under the Immigration and Nationality Act, be admitted to a higher education institution or have completed high school or the equivalent, never been under a final order of deportation, and be under 35 years of age at the time of this Act�s enactment.
Furthermore, the DREAM Act sets parameters for conditional permanent resident status, and the process by which one transitions from conditional to permanent residency status. Under S. 729, an undocumented alien would also be authorized to petition the Secretary for conditional permanent residency if that individual has satisfied all of the above requirements prior to the enactment of the Act. Currently, S. 729 is before the Senate Committee on the Judiciary where it awaits further consideration. While I am not a member of this committee, I will certainly monitor the progress of this bill.
As you may know, Majority Leader Harry Reid (D-NV) announced on September 14, 2010, that he would offer the DREAM Act as an amendment to the Fiscal Year (FY) 2011 Defense Authorization bill (S. 3454) as well as not allow a fair and open debate on the bill. I was disappointed that he chose to play politics with necessary support for our troops and national defense by trying to tack on the DREAM Act, which is unrelated to the daily operations of the Department of Defense. I remain committed to reforming our legal immigration system and streamlining the legal process; however, I have consistently opposed proposals that extend taxpayer benefits to those here illegally or give incentives for illegal immigration. On September 21, 2010, the Senate voted 56 to 43, where 60 affirmative votes were needed, not to move forward with debate on the Defense Authorization bill. I joined colleagues from both sides of the aisle to oppose this vote.
Again, thank you for sharing your views with me. As the legislative process moves forward, I will keep your thoughts in mind. If I can be of further assistance, do not hesitate to contact me or visit my website at www.scottbrown.senate.gov.
Sincerely,
Scott P. Brown
United States Senator
Huh? Not a word about our plea for Legal immigrants??
On March 26, 2009, the DREAM Act was introduced by Senator Richard Durbin (D-IL). This bill would authorize the Secretary of the Department of Homeland Security to cancel the removal of, and give conditional permanent resident status to, an alien who entered the U.S. prior to his or her 16th birthday and has lived in the U.S. for a period of 5 years. Such a resident must also meet other requirements, such as be judged to be of good moral character, not inadmissible or deportable under the Immigration and Nationality Act, be admitted to a higher education institution or have completed high school or the equivalent, never been under a final order of deportation, and be under 35 years of age at the time of this Act�s enactment.
Furthermore, the DREAM Act sets parameters for conditional permanent resident status, and the process by which one transitions from conditional to permanent residency status. Under S. 729, an undocumented alien would also be authorized to petition the Secretary for conditional permanent residency if that individual has satisfied all of the above requirements prior to the enactment of the Act. Currently, S. 729 is before the Senate Committee on the Judiciary where it awaits further consideration. While I am not a member of this committee, I will certainly monitor the progress of this bill.
As you may know, Majority Leader Harry Reid (D-NV) announced on September 14, 2010, that he would offer the DREAM Act as an amendment to the Fiscal Year (FY) 2011 Defense Authorization bill (S. 3454) as well as not allow a fair and open debate on the bill. I was disappointed that he chose to play politics with necessary support for our troops and national defense by trying to tack on the DREAM Act, which is unrelated to the daily operations of the Department of Defense. I remain committed to reforming our legal immigration system and streamlining the legal process; however, I have consistently opposed proposals that extend taxpayer benefits to those here illegally or give incentives for illegal immigration. On September 21, 2010, the Senate voted 56 to 43, where 60 affirmative votes were needed, not to move forward with debate on the Defense Authorization bill. I joined colleagues from both sides of the aisle to oppose this vote.
Again, thank you for sharing your views with me. As the legislative process moves forward, I will keep your thoughts in mind. If I can be of further assistance, do not hesitate to contact me or visit my website at www.scottbrown.senate.gov.
Sincerely,
Scott P. Brown
United States Senator
Huh? Not a word about our plea for Legal immigrants??
bhobama
05-10 04:52 PM
You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?
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ikass
11-17 09:12 PM
Done. Thanks. Sent emails to all my friends!
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november
07-02 11:26 PM
I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
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InTheMoment
11-21 04:03 PM
Dear Mehul,
Just sent you a PM (Private Message). Check it.
take care!
Just sent you a PM (Private Message). Check it.
take care!
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Googler
07-08 05:41 PM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
Pitha -- you forget one very important thing -- they still wasted 10K visas in 2006. So in Aug and July they had not actually consumed all the visas -- they just expected to in August and didn't manage to.
Pitha -- you forget one very important thing -- they still wasted 10K visas in 2006. So in Aug and July they had not actually consumed all the visas -- they just expected to in August and didn't manage to.
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desi_scorpion
08-02 10:32 AM
Thanks for activile asking the right questions (where the 140 was approved - nsc or tsc) on trakiitt. Thx
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gcnirvana
06-26 02:47 PM
My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA
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bluesky1
10-04 11:23 AM
This is really good news! I hope we all get cashed and receipted soon!
Hi,
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
Hi,
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
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gc28262
03-06 05:22 PM
Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
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CADude
08-24 01:53 PM
It's seems TSC again in sleep mode.. Hope next week will be better.. We will cross 60 days from filing.. 30 days more to go for any CSR help unless they say call after 120 days.. :D:D
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anzerraja
07-20 12:18 AM
Thanks !
I pledge $100 for this cause also.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
I pledge $100 for this cause also.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
more...
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Delhi
07-20 01:23 AM
In - $ 50 per month
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TheOmbudsman
10-25 10:51 AM
Hi,
If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.
In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.
It won't be easy, folks.
Thanks,
Your Friendly Ombudsman bringing you a dose of daily reality.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.
In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.
It won't be easy, folks.
Thanks,
Your Friendly Ombudsman bringing you a dose of daily reality.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
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shukla77
02-17 11:40 AM
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.
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.
zilmax007
11-17 08:15 PM
Done.
wantgc23
09-09 08:34 PM
In current situation Labor is impossible for approval. My attorney told me clearly that labor is impossible to approve in this bad economy and wastage of money.
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
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