Naveen
05-04 07:59 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
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
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
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
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GCBy3000
07-19 11:13 PM
I am in for $100.
By the way if we have 20,000 members and even if each pledge $5, we can reimburse the core team expenses. How often we have to teach and tell the Math to our so called highly skilled free riders.
Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.
By the way if we have 20,000 members and even if each pledge $5, we can reimburse the core team expenses. How often we have to teach and tell the Math to our so called highly skilled free riders.
Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.
pv2715
07-03 10:12 AM
I am for it..
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GC08
09-12 07:13 PM
Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!
more...
diptam
06-27 11:56 AM
That's a good idea but that may work against my work reputation. If you read the whole text you will see that stuffs like severance package are taken care of !!
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
pt326bc
10-01 04:25 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
more...
BharatPremi
03-26 01:15 PM
BharatPremi, I hope your predictions are either met or excelled. I will pray for the happiness for your future 7 generation :-). After waiting for so many years, even 2009 does not sound that bad. I know I have no right to complain since many in EB3 have been waiting for years before me.
I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....
Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.
I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....
Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.
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pooja_34
11-17 05:21 PM
Done ! Go IV Go !!!
more...
dtekkedil
07-10 02:28 PM
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
Just got an SMS from India!
hair Anne Hathaway and James Franco
kosu
06-13 07:55 PM
I thought all the fees are to be paid by the employer then how come you are paying for it, is it still an option or is there any premium processing for 485
Actually I paid for all the fees from my personal checks. Later on my company reimbursed those. I dont think there is a premium processing for 485.
Actually I paid for all the fees from my personal checks. Later on my company reimbursed those. I dont think there is a premium processing for 485.
more...
mnkaushik
08-30 12:14 PM
apporval from tsc or nsc??
nsc
nsc
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PDOCT05
09-18 07:59 AM
Hello, Anyone on July 3rd R.William 9:00am NSC has not received receipt...please let me know.
Now I am worried, I called today(17th sep) but no news on my record.
PD:May 2006
140: Aug 2006
i-485 : @ NSC july 3rd waiting for receipt
July 3rd R.William 9:00am NSC
Same here no receipts yet or no updates.
Now I am worried, I called today(17th sep) but no news on my record.
PD:May 2006
140: Aug 2006
i-485 : @ NSC july 3rd waiting for receipt
July 3rd R.William 9:00am NSC
Same here no receipts yet or no updates.
more...
house skits. A little early to
kanyewest
02-12 11:13 AM
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
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corba
02-24 04:29 PM
Donated:$50
Receipt No: 2297-8392-3360-5210
Receipt No: 2297-8392-3360-5210
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asdqwe2k
06-27 02:58 PM
How long are you supposed to be with employer after getting GC?
Minimum of 6 Months..
Minimum of 6 Months..
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Edison99
08-23 03:01 PM
Hi MeraNaamJoker,
First of all congrats man!
You experience gave so much hope on my green card process�
Buddy,
This is an ultimate test from above on our patience.
I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.
After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....
So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.
First of all congrats man!
You experience gave so much hope on my green card process�
Buddy,
This is an ultimate test from above on our patience.
I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.
After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....
So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.
more...
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qplearn
12-12 07:42 AM
I have mentioned IV to a some Indians. They have no interest. Some of them are not bothered about retrogression. They exepect the GC to fall in their lap while they are sipping tea and eating samosa.
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
I agree completely. Sometimes you pay the price for unethical and arrogant natives from your motherland. I know of someone who thinks he is smarter than people of any other nationality.
But I like your nickname. I wear that as a badge of honor. :)
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
I agree completely. Sometimes you pay the price for unethical and arrogant natives from your motherland. I know of someone who thinks he is smarter than people of any other nationality.
But I like your nickname. I wear that as a badge of honor. :)
girlfriend He and Anne Hathaway, right,
sunnysharma
06-11 10:21 PM
Print this up, You should be able to see LIN/WAC numbers clearly..
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snathan
02-10 03:26 PM
Come on guys...we are slowing down.
imconfused
07-03 11:41 AM
Mr. "Imconfused", Please shut your mouth if you are not going to send the flowers. If u think u are not "Bol Bacchan" then why not you send the flowers first.
Others - I have sent the flowers to be delivered on 9th July Monday.
Good to see people getting instigated with these messages. Reverse psychology? India Shining? I am also you khet ki mooli... I am also Bol Bachchan ... hehehehehehehhhehheheee ... tu bhadak gaya yaar... yehi to india maar kha gaya... As they say, truth is bitter. :)
Go Figure
Others - I have sent the flowers to be delivered on 9th July Monday.
Good to see people getting instigated with these messages. Reverse psychology? India Shining? I am also you khet ki mooli... I am also Bol Bachchan ... hehehehehehehhhehheheee ... tu bhadak gaya yaar... yehi to india maar kha gaya... As they say, truth is bitter. :)
Go Figure
thescadaman
11-17 04:17 PM
done - Thanks!
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