desi3933
07-12 06:43 PM
.....
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
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simple1
05-01 04:32 PM
Take this scenario.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
satishku_2000
05-23 12:47 PM
emailed to almost 20 senators ...
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pappu
11-17 03:13 PM
In the email, "The current long green card delays also cause deeply disturbing quality of life issues for the high skilled immigrants� children born inside of US."
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
more...
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?
deba
08-25 09:42 PM
Received the physical card in mail today. Postage stamp is dated 22nd aug. My approval notice email was on 19th Aug from TSC.
EB2 I PD 03/2005
EB2 I PD 03/2005
more...
delax
07-27 12:33 AM
That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
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abq_gc
08-17 06:18 PM
I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Same here..
I-140 Approved from Texas, LUD on 07/22/2007.
I-485 reached NSC on July 2nd.
No receipts yet or check cashed.
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Same here..
I-140 Approved from Texas, LUD on 07/22/2007.
I-485 reached NSC on July 2nd.
No receipts yet or check cashed.
more...
alias
08-18 01:17 PM
This issue cannot be solved through Lawsuit. What are the other alternatives?
Ahh I see, I have an idea - lets all do dharna in front of CIS!
Ahh I see, I have an idea - lets all do dharna in front of CIS!
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rbharol
10-17 01:49 AM
IV
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
more...
ups
08-26 02:02 PM
We got welcome as new PR mail then Approval notice mail. Yesterday we got physical cards and welcome notice.
Is anything remained?
Is anything remained?
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lasvegas
02-04 09:23 PM
Hello:
I am planning to do landing in Canada in the next couple of weeks. Anyone want to join me or willing to share information and knowledge? I am thinking of going to Toronto. Please send me a private message.
Thanks.
I am planning to do landing in Canada in the next couple of weeks. Anyone want to join me or willing to share information and knowledge? I am thinking of going to Toronto. Please send me a private message.
Thanks.
more...
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chantu
08-20 12:04 PM
No need to send any cover letter. Rest all docs you mentioned are correct. No more docs needed.
All,
Sorry if I am posting on wrong thread. I am in the process of sending my documents for EAD renewal and had few questions
Do we need to include a cover letter ?
Also I am sending the following documents.
1) copy I-485 receipt notice
2) copy of EAD (front and back)
3) two color photos
4) Filing fee check $340
5) Mailer stub received from previous EAD.
Am I missing anything else?
All,
Sorry if I am posting on wrong thread. I am in the process of sending my documents for EAD renewal and had few questions
Do we need to include a cover letter ?
Also I am sending the following documents.
1) copy I-485 receipt notice
2) copy of EAD (front and back)
3) two color photos
4) Filing fee check $340
5) Mailer stub received from previous EAD.
Am I missing anything else?
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googlegc
08-26 12:44 AM
Consulting Company, but does it make a difference? FYI, We attached my client's letter with the application.
Is it for direct employee or consulting company?
Is it for direct employee or consulting company?
more...
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amitjoey
11-17 04:14 PM
If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D
You wont be able to do that if you entered the US at an age more than 16yrs old
DREAM Act beneficiaries must:
Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
Be between the ages of 12 and 35 at the time of bill enactment.
Have graduated from an American high school or obtained a GED.
Be of "good moral character"[12]
That is why we need to participate in this action alert and have them consider our ammendments.
You wont be able to do that if you entered the US at an age more than 16yrs old
DREAM Act beneficiaries must:
Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
Be between the ages of 12 and 35 at the time of bill enactment.
Have graduated from an American high school or obtained a GED.
Be of "good moral character"[12]
That is why we need to participate in this action alert and have them consider our ammendments.
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gcspace
10-03 10:17 AM
Hey Guys ,
I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..
I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.
Anyone else got a similar response ?
To my knowledge its not business days, its 90 calendar days.
I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..
I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.
Anyone else got a similar response ?
To my knowledge its not business days, its 90 calendar days.
more...
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vkt3142
09-08 12:18 PM
TSC EAD Paper filing for me and spouse.
EB2 India/ 06-06
RD 7/10
ND 7/14
AD 9/5
EB2 India/ 06-06
RD 7/10
ND 7/14
AD 9/5
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collkaverill
07-02 09:24 AM
Sent on Jun 29th. I don't know when it has reached. My dates were available in June. I am hoping it should have reached Jun 30th.
Anyone know if they accept packages on Saturday?
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
Anyone know if they accept packages on Saturday?
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
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kumar_459
02-18 02:01 PM
I will not be able to attend the effort, so i just donated $100. Paypal transaction : 5G8297179W5987836
dontcareanymore
07-28 01:37 AM
Sorry if I am dashing the hopes of some and sound too pessimistic , but I think I have the right to be one , and this is what I feel where we are headed:
1) Historically EB2 and Eb1 has the advantage over EB3. You may argue on the merits but it is the fact. It may be news for the folks who got in to the queue recently , but that is generally a trend except recent past. So there is no use in getting mad that EB2 are GC before EB3. But at the same time I don't accept arguments from some EB2s that EB2s are smarter than EB3 and have the right to get GC at least 6 years ahead of EB3. Like every thing else in this unfair process , you are at the right place at the right time and you get it. Be happy for that. If you can't understand the frustration of some Eb3s, the minimum you could do is not show off. If some one has been around for a while and seen this process they would not be either surprised or jealous about EB2's current status.
2) It is sad to see this infighting. We are in a GC quagmire and there are no better solutions and most people are really frustrated and you can see that in the discussions. I see that the interest from active people in waning and probably justifiably so. You can see a pattern of decreasing interest from the peek (Jul last ear) . Most people are happy with EAD and Ac21 and some of the active folks got their GCs. Some of the most vocal, visible people on the forum has changed their tune soon after the last bulletin , just because their PD is current. It changes from "we all are in this together" to "You are on your own". Good luck to people in the queue to convince your brothers to be with you , if and when you walk the streets of DC :) :). They are at the doorsteps of being PR and are in a different group. If some of the posts are any indication, They think they are entitled to look down on you.
3) There was a post a while ago asking whether the core group is wasting their time. Most of the time I agree. Most of us here are just for our selfish sake , despite what most preach about cause , justice , fairness , principles etc. Some to go the extent of comparing this with great fights in their home country. It is far from it. Just one air GYGC.
4) we started loosing the unity the moment we forgot our main objective. "All immigrants are in this together" and this is not country specific. Instead of fighting together with others to capture lost visa numbers and exempt family members from the quota , we tried to snatch some numbers from our friends (ROW).(Not that I believe we could get the visa recapture this year) Now we are further divided between EB2I and EB3I with the same argument. I can give you another example of selfishness. Now that these guys have EAD and AP, they don't want concurrent filing , don't want premium processing for 140. Don't want any one else interfile with EB2. Just process my application without an interruption :):). I don't care if others done even get their H1 extended or get EAD. Where we are headed with this approach ?
What do we have in store :
Just hope the stars align for you and one day you will get yours. It will happen even if it takes 10 years. Live with it because you chose it.
Don't loose sleep over some one else getting GC ahead of you. Try to live your life.
Do what ever you can to better the situation. It depends on what you believe.
If you have 10 people with you in the struggle , don't count on them to be with you tomorrow.
if you are pissed off about some thing, went it by non-violent method. feels good. Blog , watch a comedy movie or do some thing that relaxes you.
Don't be surprised if your hopes are dashed.
At the end of the day getting GC is not indicative of your education, experience,capacity , knowledge , wisdom , usefulness to this country or the other way round. "GC is just what you have, not what you are ".
I must have ruffled some feathers. If your feathers are ruffled , please see my handle. :):)
1) Historically EB2 and Eb1 has the advantage over EB3. You may argue on the merits but it is the fact. It may be news for the folks who got in to the queue recently , but that is generally a trend except recent past. So there is no use in getting mad that EB2 are GC before EB3. But at the same time I don't accept arguments from some EB2s that EB2s are smarter than EB3 and have the right to get GC at least 6 years ahead of EB3. Like every thing else in this unfair process , you are at the right place at the right time and you get it. Be happy for that. If you can't understand the frustration of some Eb3s, the minimum you could do is not show off. If some one has been around for a while and seen this process they would not be either surprised or jealous about EB2's current status.
2) It is sad to see this infighting. We are in a GC quagmire and there are no better solutions and most people are really frustrated and you can see that in the discussions. I see that the interest from active people in waning and probably justifiably so. You can see a pattern of decreasing interest from the peek (Jul last ear) . Most people are happy with EAD and Ac21 and some of the active folks got their GCs. Some of the most vocal, visible people on the forum has changed their tune soon after the last bulletin , just because their PD is current. It changes from "we all are in this together" to "You are on your own". Good luck to people in the queue to convince your brothers to be with you , if and when you walk the streets of DC :) :). They are at the doorsteps of being PR and are in a different group. If some of the posts are any indication, They think they are entitled to look down on you.
3) There was a post a while ago asking whether the core group is wasting their time. Most of the time I agree. Most of us here are just for our selfish sake , despite what most preach about cause , justice , fairness , principles etc. Some to go the extent of comparing this with great fights in their home country. It is far from it. Just one air GYGC.
4) we started loosing the unity the moment we forgot our main objective. "All immigrants are in this together" and this is not country specific. Instead of fighting together with others to capture lost visa numbers and exempt family members from the quota , we tried to snatch some numbers from our friends (ROW).(Not that I believe we could get the visa recapture this year) Now we are further divided between EB2I and EB3I with the same argument. I can give you another example of selfishness. Now that these guys have EAD and AP, they don't want concurrent filing , don't want premium processing for 140. Don't want any one else interfile with EB2. Just process my application without an interruption :):). I don't care if others done even get their H1 extended or get EAD. Where we are headed with this approach ?
What do we have in store :
Just hope the stars align for you and one day you will get yours. It will happen even if it takes 10 years. Live with it because you chose it.
Don't loose sleep over some one else getting GC ahead of you. Try to live your life.
Do what ever you can to better the situation. It depends on what you believe.
If you have 10 people with you in the struggle , don't count on them to be with you tomorrow.
if you are pissed off about some thing, went it by non-violent method. feels good. Blog , watch a comedy movie or do some thing that relaxes you.
Don't be surprised if your hopes are dashed.
At the end of the day getting GC is not indicative of your education, experience,capacity , knowledge , wisdom , usefulness to this country or the other way round. "GC is just what you have, not what you are ".
I must have ruffled some feathers. If your feathers are ruffled , please see my handle. :):)
manishcp
09-14 07:06 AM
July 3rd, 11:14AM signed by F Heinauer @ NSC
Good luck to everyone.
Good luck to everyone.
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