redcard
02-13 01:05 AM
Hello all,
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
Oh Yes there is a law and its called 'VISA BULLETIN'. The law is enforced every month by Lord Charles Oppenheim who is the judge & jury and USCIS being executioner and we all the defendants. Its one of the most fairest law which is primarily base on the country of your birth.
Here is the latest copy of the law http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.htm
:p
Here is the latest copy of the law Visa Bulletin for March 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html)
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
Oh Yes there is a law and its called 'VISA BULLETIN'. The law is enforced every month by Lord Charles Oppenheim who is the judge & jury and USCIS being executioner and we all the defendants. Its one of the most fairest law which is primarily base on the country of your birth.
Here is the latest copy of the law http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.htm
:p
Here is the latest copy of the law Visa Bulletin for March 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html)
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gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
rameshvaid
03-25 08:32 PM
Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.
Any possibilty of applying for AP now?
Pls. advise.
RV
Any possibilty of applying for AP now?
Pls. advise.
RV
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ak_2006
04-20 02:20 PM
It's really heart breaking news.
May God bless his soul and complete all his wishes.
I went to the site, but it not accepting Donations now as they reached the target.
May God bless his soul and complete all his wishes.
I went to the site, but it not accepting Donations now as they reached the target.
more...
PDOCT05
10-31 11:55 AM
It was rejected on Sep 22nd. Lawyer got the letter long back. But he didn't get back to me infact he didn't know about rejection untill I called USCIS & found out the issue & informed him. I think he miss placed my rejection letter. He took 1000$ more from me for giving fast service.
These lawyers play with our lives.
Is your case accepted now??
We have sent our application yesterday and i will surely update you the status as soon as i hear..:)
These lawyers play with our lives.
Is your case accepted now??
We have sent our application yesterday and i will surely update you the status as soon as i hear..:)
eb3_nepa
12-18 12:37 PM
In the long run EB2 will be better than EB3
Or WILL it? :rolleyes:
Or WILL it? :rolleyes:
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Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
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i4u
09-22 08:52 AM
Converting from EB3 to EB2 FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS#From_EB3_to_EB2)
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JunRN
08-21 10:14 PM
It's not cheating. The August 16 date is the Processing Up-date, not the posting date.
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thokar
08-18 08:18 PM
Kris,
Well, I did not expect that an Immigration attorney was asking for such letter from previous employer. But I think she might want me to aware a dark whole down the line.
I kept my fingers cross .............
I have disclosed all the information to attorney as I was paying bill. And I felt it would be good disclose at attorney and Dr (Old Indian saying).
SK,
Yes, Labor substitutions had stopped from Aug 2007 onwards. I mean those were allowed till July 2007 and before. Since I substituted before Aug2007 so that has been acepted by USCIS and processed my case.
Thanks...
Well, I did not expect that an Immigration attorney was asking for such letter from previous employer. But I think she might want me to aware a dark whole down the line.
I kept my fingers cross .............
I have disclosed all the information to attorney as I was paying bill. And I felt it would be good disclose at attorney and Dr (Old Indian saying).
SK,
Yes, Labor substitutions had stopped from Aug 2007 onwards. I mean those were allowed till July 2007 and before. Since I substituted before Aug2007 so that has been acepted by USCIS and processed my case.
Thanks...
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yestogc
06-09 12:33 PM
I second your thought khodalmd, ............... when there is no country cap on H1B , why on GC then, this creates more backlog
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mallu
01-24 01:35 PM
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you..
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Berkeleybee
02-09 07:36 PM
All,
I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.
I. IV MEMBERS AT EVERY STAGE
� We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
� Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.
II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
� The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
� When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.
III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
� DOL-BECs were created as a result of considerable protest and intervention by Congress.
� USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
� So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
� We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.
IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
� In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
� So the Retrogression problem is a systemic, policy problem.
� It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
� It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.
In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.
With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.
RECENT IMMIGRATION VOICE ACTIVITIES:
� Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
(b) get access to key policymakers
(c) craft an effective legislative strategy
(d) design a media strategy
� Meeting Lawmakers
� Coordinating with other groups like Compete America
� Getting the word out in the community
� Setting up of the organizational and resource infrastructure including the website and forums for discussion
� A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.
Visit our website at www.immigrationvoice.org and get involved!
I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.
I. IV MEMBERS AT EVERY STAGE
� We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
� Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.
II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
� The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
� When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.
III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
� DOL-BECs were created as a result of considerable protest and intervention by Congress.
� USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
� So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
� We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.
IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
� In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
� So the Retrogression problem is a systemic, policy problem.
� It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
� It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.
In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.
With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.
RECENT IMMIGRATION VOICE ACTIVITIES:
� Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
(b) get access to key policymakers
(c) craft an effective legislative strategy
(d) design a media strategy
� Meeting Lawmakers
� Coordinating with other groups like Compete America
� Getting the word out in the community
� Setting up of the organizational and resource infrastructure including the website and forums for discussion
� A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.
Visit our website at www.immigrationvoice.org and get involved!
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jsb
09-24 01:00 PM
cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)
Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.
You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).
Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.
You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).
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copsmart
02-10 09:30 PM
Congrats!
It�s good have a GC in this very bad economy.
Erase the H1 worries and enjoy your green.
It�s good have a GC in this very bad economy.
Erase the H1 worries and enjoy your green.
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thuristic
08-28 09:16 PM
Gurus,
Please shed me some light on this.
I am an early 2005 PD, eb3 ROW, PERM and I-140 approved GC candidate who has been in the US for 5 years. This eb3 retro has convinced me that I should explore my options in Canada and plan to migrate north within a 6 month time frame.
Since I already have an approved I-140, my question is whether the document will be alive if I do decide to come down again after 3-4 years when retro is no more.
....or is my I-140 a sure dead and not even worth bothering? Would appreciate your thoughts.
Cheers,:o
Please shed me some light on this.
I am an early 2005 PD, eb3 ROW, PERM and I-140 approved GC candidate who has been in the US for 5 years. This eb3 retro has convinced me that I should explore my options in Canada and plan to migrate north within a 6 month time frame.
Since I already have an approved I-140, my question is whether the document will be alive if I do decide to come down again after 3-4 years when retro is no more.
....or is my I-140 a sure dead and not even worth bothering? Would appreciate your thoughts.
Cheers,:o
more...
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thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
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ak_2006
04-20 02:20 PM
It's really heart breaking news.
May God bless his soul and complete all his wishes.
I went to the site, but it not accepting Donations now as they reached the target.
May God bless his soul and complete all his wishes.
I went to the site, but it not accepting Donations now as they reached the target.
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franklin
07-16 02:46 PM
You should probably include area of chargeability as well, to help the experts answer. This can make a huge difference as well.
deafTunes123
08-28 02:05 PM
One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Link not working.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Link not working.
Leo07
05-20 04:12 PM
How many in this forum are yet to file AOS?
Hello Members,
I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.
Hello Members,
I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.
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