simple1
05-01 03:14 PM
exactly, spouse/derivate doesn�t get affected at all (other than a shorter or longer delay, depending on calculations).
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
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santb1975
12-18 11:37 PM
This is hilarious. :D
...to your linguistic skills, dear lady (assuming so from the alias... :) )
You had me looking for the word geralizing in a dictionary... :)
Now, it has happened more than a few occassions that I've come across words that I had no clue about.... and this was one such moment. The dictionary bot came up with a blank face, expressing its helplessness. Looking at the results, I'm assuming you meant "generalizing".... clueless me couldn't figure that out sooner.. :)
Nothing like such amusing moments, thanks to IV, to bring cheer to an otherwise dark & gloomy day (well, mostly... in California a little overcast weather for about half a day can cause the much-feared Seasonal Affective Disorder (http://www.mayoclinic.com/health/seasonal-affective-disorder/DS00195) (SAD) to some... :) )
And those feeling depressed.. perhaps the weather may have something to do with it... ?
cheers!
jazz
...to your linguistic skills, dear lady (assuming so from the alias... :) )
You had me looking for the word geralizing in a dictionary... :)
Now, it has happened more than a few occassions that I've come across words that I had no clue about.... and this was one such moment. The dictionary bot came up with a blank face, expressing its helplessness. Looking at the results, I'm assuming you meant "generalizing".... clueless me couldn't figure that out sooner.. :)
Nothing like such amusing moments, thanks to IV, to bring cheer to an otherwise dark & gloomy day (well, mostly... in California a little overcast weather for about half a day can cause the much-feared Seasonal Affective Disorder (http://www.mayoclinic.com/health/seasonal-affective-disorder/DS00195) (SAD) to some... :) )
And those feeling depressed.. perhaps the weather may have something to do with it... ?
cheers!
jazz
gc4me
07-28 02:09 PM
LUD on I-131 and I-485 on 7/22 :confused:
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
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sandy_anand
02-18 02:41 PM
transaction ID for this payment is: 1V923300P24635823.
I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!
I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!
more...
desi3933
07-28 04:23 PM
well said.
Actions speak louder than words. How many % people visit this forum after getting GC!
____________________
Not a legal advice.
........
self interest is the ONLY binding factor amongst 'highly skilled' workers
....
.....
Peace!
Actions speak louder than words. How many % people visit this forum after getting GC!
____________________
Not a legal advice.
........
self interest is the ONLY binding factor amongst 'highly skilled' workers
....
.....
Peace!
anilkumar0902
09-14 01:29 AM
Filed I-485 on July 31,2007. Checks cashed on Sep 10th and received Receipt Notices for me and my wife through the attorney yesterday. I am in the EB-2 category with PD: Oct 2005.
However, on both of our I-485 receipt notices, the Category shows up as "Unknown" ...Has anyone else faced any such thing...
Please advice.
However, on both of our I-485 receipt notices, the Category shows up as "Unknown" ...Has anyone else faced any such thing...
Please advice.
more...
a2006
05-02 01:57 PM
The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
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venky337
11-17 03:05 PM
Just posted the message
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swissgear
08-25 04:34 PM
No approvals today? Whats going on???
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
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sravani
05-11 04:49 PM
I knew one of my friends on H1-B started an LLC, sponsored his wife H1 and now his wife is maintaining the company.
more...
espoir
06-08 01:20 PM
can you please share where you get this info as to how many 485 apps received?
yea...you are right...it seems they are not processing anything today..
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
yea...you are right...it seems they are not processing anything today..
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
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WaldenPond
06-28 04:37 PM
Hello LCtank,
Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.
If anybody has more of such suggestions/leads please send them across and help this effort.
Thanks again,
WaldenPond
Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.
If anybody has more of such suggestions/leads please send them across and help this effort.
Thanks again,
WaldenPond
more...
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Googler
07-07 09:14 PM
she said "But we're prepared to talk to people about what happened here."
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
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perm
08-07 12:45 PM
when you are able to view the back side of the checks, could you please let us know if they have SRC or LIN for the receipt numbers? That would help lots of users here answer their question about what service center is processing transfer cases...
Its LIN. strangly it says 'we received the case on July 31st, 2007..' I hope the RD is July 2nd and the ND is July 31st.!!??
Its LIN. strangly it says 'we received the case on July 31st, 2007..' I hope the RD is July 2nd and the ND is July 31st.!!??
more...
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gc_on_demand
05-01 03:06 PM
Adding dependents/derivative is based on primary�s PD and app status.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
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gk_2000
02-09 08:53 PM
Did you all see Donald Trumps answer to Piers Morgans question in Piers Morgan tonight program on CNN? that was not a surprise, but after his talk about China and India, that was a bit surprising.
What question and answer?
What question and answer?
more...
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santhi_krishna
08-13 11:10 PM
Did you get this notice or did your lawyer? Do you have an I-140 LUD update?
My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.
My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.
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hebron
07-08 08:46 PM
If that is so, no one who is on H1-b can sue their employer for exploiting them. BTW, I personally know people who have successfully sued their employer (US company) for not paying the salary they agreed.
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wa_Saiprasad
07-19 08:29 PM
Pledging 200$ for this cause. The moderator of this thread let us know how and when should we send this amount.
adusumilli
09-13 07:12 AM
mailed on 2nd july received 3rd july notice date 10th sep sen to Nebraska receipt number from Nebraska. delivered at 11:14 am on July 03, 2007 and was signed for by F HEINAUER
Thanks
Gopi
Thanks
Gopi
makemygc
07-07 09:01 PM
---
Just came back, here is my report:
- There were five Chinese and seven Indian people at the march. It was small fun group.
- The group was small but the outcome as you will note from my report below was productive
- Fighnow, who is the Chinese member of mittb.com had initiated this 7th July march, because of the short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
- Fightnow, and his friends were fully prepared with big banners and all, with appropriate slogans
- In the beginning there was some police presence but they left an hour later, I guess because of a small group
- We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
- Luckily a Chinese TV station happen to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
- The parking is free on weekends.
----------------------
What we need to do is:
- Organize a bigger march on 14th July
- Organize a similar event in DC if possible so get more mileage
- Prepare some banners and placards etc.
- Bring water, it was warm
- Have fun
-----------------
Let me know if you have any questions or suggestions
All kudos to you guys. Hope we can organize a bigger rally in DC sometime soon. Time to come on the roads now. People needs to know.
Just came back, here is my report:
- There were five Chinese and seven Indian people at the march. It was small fun group.
- The group was small but the outcome as you will note from my report below was productive
- Fighnow, who is the Chinese member of mittb.com had initiated this 7th July march, because of the short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
- Fightnow, and his friends were fully prepared with big banners and all, with appropriate slogans
- In the beginning there was some police presence but they left an hour later, I guess because of a small group
- We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
- Luckily a Chinese TV station happen to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
- The parking is free on weekends.
----------------------
What we need to do is:
- Organize a bigger march on 14th July
- Organize a similar event in DC if possible so get more mileage
- Prepare some banners and placards etc.
- Bring water, it was warm
- Have fun
-----------------
Let me know if you have any questions or suggestions
All kudos to you guys. Hope we can organize a bigger rally in DC sometime soon. Time to come on the roads now. People needs to know.
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