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  • simple1
    05-04 11:24 PM
    wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!.

    That is not me.

    http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]

    (d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    same status = denied, paroled etc.
    same order of consideration=Priority date which depends on petition for both primary and derivative.
    I agree with the above two.

    "respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.

    Take time to read (b) Preference Allocation for Employment-Based Immigrants.
    You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.




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  • andy007
    07-07 10:07 PM
    That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.

    1. Will they make the July visa bulletin current again?
    2. If not, will they allow everyone to file for EAD and AP?
    3. If neither #1 nor #2, will there be any financial reimbursement?

    Regards,
    Jayant

    :mad:




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  • unitednations
    03-08 06:41 PM
    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.


    I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.

    btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.

    Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).




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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.



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  • SunnySurya
    08-18 02:39 PM
    That is absolutely correct!I thought SunnySurya is talking about Processing application based on Priority dates which is applicable to Any Employement or Even family categories, with respect to Quota for that catagories..

    So guys hang on Your swords. Its not EB3 or EB2 or EB1.




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  • sodh
    07-10 12:49 AM
    Michael Moore reported about the poor conditions in which our veterans at Walter Reed hospital are treated in his famous movie Farienhiet 911 and after three years Walter Reed hospital caught the attention of the law makers, they don't treat thier own countrymen with respect and dignity even after serving the Nation honourably what can we expect from them when it took them three years to realise that the conditions are bad in Walter Reed.



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  • Delhi
    07-20 01:23 AM
    In - $ 50 per month

    - Delhi




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  • sandy_77
    09-15 08:12 AM
    For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.

    An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:

    http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
    http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
    http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness



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  • GreenMe
    07-03 12:40 PM
    Hello folks looks like that link for the "sweetheart roses" doesn't work anymore (They probably ran out!)! The cheapest flowers I could find now are these -

    http://www.ftd.com/350/catalog/product.epl?product_id=FFCB&index_id=product_roses


    http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=13&Go.y=9

    Try this link one more time ..




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  • EndlessWait
    04-16 12:07 PM
    after filing 485. is it complicated?



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  • bostonqa
    06-11 01:21 PM
    at some month before OCT 2007 the dates would become unavailable.

    what would happen at that time?

    say your case was received by USCIS and they have not issued FP notices.

    what if they issued FP notices but not issued EAD and/or AP.
    would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)

    any ideas?




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  • GCBy3000
    05-03 05:12 PM
    With Sen Cornyn Bill, I do not think PD should be current to file AOS.



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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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  • caydee
    05-23 07:23 PM
    Go ahead and send them as well, after you are done sending the first 2 (your state) and the 10 other priority senators.

    I have sent to my state senators + 10 senators IV identified. I have also sent an email to the ND senator after he voiced his support for our cause on the senate floor today. I now plan to write to all 2008 presidential candidates. Most importantly I am going to write to Governor Arnold Schwarzenegger, as he has always been a champion of business and immigrant communities.



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  • anzerraja
    07-20 12:26 AM
    Missourian, Thanks !!!

    Could you please write down the pledge amount, so we can better track it.


    I will contribute for this nobel cause




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  • panky72
    08-22 03:50 PM
    filed July 12th @ NSC
    no receipts



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  • xbeartai
    05-23 01:52 PM
    Link:
    http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists
    /thomaslfriedman/index.html?inline=nyt-per
    By THOMAS L. FRIEDMAN

    Published: May 23, 2007

    First I had to laugh. Then I had to cry.

    I took part in commencement this year at Rensselaer Polytechnic Institute,
    one of America's great science and engineering schools, so I had a front-row
    seat as the first grads to receive their diplomas came on stage, all of
    them Ph.D. students. One by one the announcer read their names and each was
    handed their doctorate - in biotechnology, computing, physics and
    engineering - by the school's president, Shirley Ann Jackson.

    The reason I had to laugh was because it seemed like every one of the newly
    minted Ph.D.'s at Rensselaer was foreign born. For a moment, as the foreign
    names kept coming - "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" - I thought that
    the entire class of doctoral students in physics were going to be Chinese,
    until "Paul Shane Morrow" saved the day. It was such a caricature of what
    President Jackson herself calls "the quiet crisis" in high-end science
    education in this country that you could only laugh.

    Don't get me wrong. I'm proud that our country continues to build
    universities and a culture of learning that attract the world's best minds.
    My complaint - why I also wanted to cry - was that there wasn't someone from
    the Immigration and Naturalization Service standing next to President
    Jackson stapling green cards to the diplomas of each of these foreign-born
    Ph.D.'s. I want them all to stay, become Americans and do their research and
    innovation here. If we can't educate enough of our own kids to compete at
    this level, we'd better make sure we can import someone else's, otherwise we
    will not maintain our standard of living.

    It is pure idiocy that Congress will not open our borders - as wide as
    possible - to attract and keep the world's first-round intellectual draft
    choices in an age when everyone increasingly has the same innovation tools
    and the key differentiator is human talent. I'm serious. I think any foreign
    student who gets a Ph.D. in our country - in any subject - should be
    offered citizenship. I want them. The idea
    that we actually make it difficult for them to stay is crazy.

    Compete America, a coalition of technology companies, is pleading with
    Congress to boost both the number of H-1B visas available to companies
    that want to bring in skilled foreign workers and the number of employment-
    based green cards given to high-tech foreign workers who want to stay here.
    Give them all they want! Not only do our companies need them now, because we
    're not training enough engineers, but they will, over time, start many more
    companies and create many more good jobs than they would possibly displace.
    Silicon Valley is living proof of that - and where innovation happens
    matters. It's still where the best jobs will be located.

    Folks, we can't keep being stupid about these things. You can't have a world
    where foreign-born students dominate your science graduate schools,
    research labs, journal publications and can now more easily than ever go
    back to their home countries to start companies - without it eventually
    impacting our standard of living - especially when we're also slipping
    behind in high-speed Internet penetration per capita. America has fallen
    from fourth in the world in 2001 to 15th today.

    My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal
    Democracy Forum. They are trying to make this an issue in the presidential
    campaign by creating a movement to demand that candidates focus on our
    digital deficits and divides. (See: http://www.techpresident.com <http://www.techpresident.com>.) Mr. Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child
    Connected."

    Here's the sad truth: 9/11, and the failing Iraq war, have sucked up almost
    all the oxygen in this country - oxygen needed to discuss seriously
    education, health care, climate change and competitiveness, notes Garrett
    Graff, an editor at Washingtonian Magazine and author of the upcoming book "
    The First Campaign," which deals with this theme. So right now, it's mostly
    governors talking about these issues, noted Mr. Graff, but there is only so
    much they can do without Washington being focused and leading.

    Which is why we've got to bring our occupation of Iraq to an end in the
    quickest, least bad way possible - otherwise we are going to lose Iraq and
    America. It's coming down to that choice.




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  • kosu
    06-13 06:53 PM
    Atlast all my checks are cashed today. I am able to get my case number from the checks. Even though INS received my application on June 6th, in my 485 it says that they have received my application only on June 11th. Wonder why?




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  • desi3933
    05-19 03:49 PM
    7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.

    >> It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination.

    What is stopping you to file such a lawsuit? Everybody expects someone else is going to solve their problems.




    asdcrajnet
    02-02 01:52 PM
    Nobody is holding them back and that is the very reason they are planning to go back... got it ?

    Your rant in the post of all things, especially about the caste system seems like the half baked knowledge of a westerner bloating and carrying the caste "issue" to stratospheric levels!

    I don't from what area in India exposed you to your experiences, but apart from the ridiculous reservations and quota system, there have been no caste related issues that I or my family faced while in western India. Be it working with people from all castes, making friends with them or really helping the neglected. This was the case with my neighbors or any relatives.

    Looking at the numerous corruption scandals and making a hoopla about it or relating it tightly to the ancient family values (that India has) that one can give to the children is quite narrow minded. For that matter I can make a big list of scandals in almost every country. There were numerous scandals in 80's and 90's in India - that didn't affect the kind of right values my parents imparted in my siblings or I. I can say the same for my several friends.

    Things are in constant flux in any country - while the divorce rate, teenage mothers, suicide rate was very low in the early 1900's in the US, it went up by orders of magnitude in the last 50 years. Teenage smoking was rampant in the 70's and 80's it went down dramatically after that.

    People wanted to free themselves from the rigid value system and hence the 1960's and 70's hippie movement - what did they do - drugs, sex and alcohol - didn't go anywhere (remnants of which we still see in the US "culture") ! They turned themselves to service, philanthropy and spirituality and found a new way of looking at things - great things have happened thro' the initiatives of these Americans.

    Having a static view of things is really claustrophobic and is a seed of frustration and negativity. Generalizing everything is even worse.

    To understand the culture of India, you need to scratch deeper and assimilate it.

    I simply love this post. I am not a Pro US or a Pro India guy. I have seen many back home complaining about culture in US. I have also see many in US complaining caste/corruption/politics/quota system in India. I don't agree with either.

    Every country has pluses & minuses. Just take the positiveness from every culture/country and lead a happy life.




    tikka
    07-05 11:27 AM
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