485Mbe4001
06-10 12:07 PM
Recapture is actually a non controvertial issue and most politicians support it in private. The business lobby was sucessful in getting it done (btw the democrats opposed it even then). These days we have the sword of 'amnesty' hanging over everything related to immigration plus the positions are so polarized that it is impossible to get anything done. The lame duck presidency isnt helping either, each congressman/senator has to worry about its own agenda and their people.
With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.
As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call
Visa numbers have been recaptured in the past (year 2000, I think).
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.
As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call
Visa numbers have been recaptured in the past (year 2000, I think).
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
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santb1975
06-08 07:49 PM
none at all?? :confused:
sri1309
08-14 10:54 AM
I would name such a fund "Visa recapture fund" or something that clearly identifies our requirement. But again, we will not be very loud if you contribute to such funds as, when compared to many others who contribute, our number is very small.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
2011 The Gibson Les Paul Custom,
dvb123
09-13 06:35 PM
Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
more...
amitjoey
08-12 11:46 AM
Just dont get what the senator is intending here ....
Not sure if senator is missing it or dodging it ....
The senator is missing it or dodging it - it clearly means one thing -we are invisible as constituents. We are being taken for a ride only because we do not speak up or go meet our lawmakers. They do not see us as ordinary constituents having the same issues as their other constituents. The whole human -angle is missing.
We have to go meet our lawmakers and explain to them our part of the story/ They need to be told and made aware that we live in their constituencies and our grievances are genuine and need to be addressed.
And although this particular bill does not affect people that are here already.. Beware!! the noose is tightening- the next on the chopping block is EB Immigrants.
Not sure if senator is missing it or dodging it ....
The senator is missing it or dodging it - it clearly means one thing -we are invisible as constituents. We are being taken for a ride only because we do not speak up or go meet our lawmakers. They do not see us as ordinary constituents having the same issues as their other constituents. The whole human -angle is missing.
We have to go meet our lawmakers and explain to them our part of the story/ They need to be told and made aware that we live in their constituencies and our grievances are genuine and need to be addressed.
And although this particular bill does not affect people that are here already.. Beware!! the noose is tightening- the next on the chopping block is EB Immigrants.
pappu
09-08 09:07 PM
Dear members,
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
Sept 13, update.
Here is a small update on this drive. After seeing such great support and commitment from everyone, we have decided to invest in some media publicity effort. You will see a major push in this by Immigrationvoice and we all will be happy to see the kind of awareness and impact it will make on the Rally day. We have a modest budget of 11 thousand dollars for this effort added to the overall need of 30 thousand for the rally effort. Lets reach of this number (30+11= 41K) and even exceed the expectations in the next 4 days.
Sept 14 Update
Some fruits of the contributions members have made towards media and publicity work
http://immigrationvoice.org/forum/showthread.php?t=13395
http://immigrationvoice.org/forum/showthread.php?t=13392
We are able to do it, only because members are supporting it. More will follow until the date of the rally that will make us all proud. Thank you for your support. Pls. keep it up.
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
Sept 13, update.
Here is a small update on this drive. After seeing such great support and commitment from everyone, we have decided to invest in some media publicity effort. You will see a major push in this by Immigrationvoice and we all will be happy to see the kind of awareness and impact it will make on the Rally day. We have a modest budget of 11 thousand dollars for this effort added to the overall need of 30 thousand for the rally effort. Lets reach of this number (30+11= 41K) and even exceed the expectations in the next 4 days.
Sept 14 Update
Some fruits of the contributions members have made towards media and publicity work
http://immigrationvoice.org/forum/showthread.php?t=13395
http://immigrationvoice.org/forum/showthread.php?t=13392
We are able to do it, only because members are supporting it. More will follow until the date of the rally that will make us all proud. Thank you for your support. Pls. keep it up.
more...
JunRN
09-28 07:09 PM
Receipting people are not the ones adjudicating the cases. They are different people. So there is no used stopping the receipting.
If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.
If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.
2010 Gibson Les Paul Studio
santb1975
06-05 10:41 AM
I will update our numbers tonight
more...
karanp25
07-11 11:36 AM
I can understand the excitement. I am also in EB2 2005 PD. But the fact is that, this seems like a temporary movement only...i don't think dates can stay at 2006, going by simple math.
PPl can give me those red marks, but i think dates will retrogress again by Oct.
PPl can give me those red marks, but i think dates will retrogress again by Oct.
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sanjuatl
09-12 05:10 PM
Count me IN ......
more...
josecuervo
07-28 07:37 AM
Hello everyone.
Please share your experiences if you renewed your NJ DL with EAD renewal notice.
My nj dl is due for renewal. I have applied for EAD renewal. I have the receipt notice and am working on EAD.
Thanks
Please share your experiences if you renewed your NJ DL with EAD renewal notice.
My nj dl is due for renewal. I have applied for EAD renewal. I have the receipt notice and am working on EAD.
Thanks
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jonty_11
07-06 04:35 PM
they dont want any 485s coming in because they worked on a Sunday which (like this VB fiasco) is unprecedented..and they want to take OFF until Oct now.....
more...
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northstar1
07-15 08:49 PM
One way to increase participation is to involve the Indian student associations of the various universities of the area. They are usually pretty well organized and members are usually willing to support such causes. Also support from ISA's from top notch schools goes a long way to show the legal immigrant population as a highly educated bunch.
**Los Angeles County resident **
**Los Angeles County resident **
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pappu
08-12 11:36 AM
Why is the senator backtracking from "chop shop" comment ? Here is why
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.
more...
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nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
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ilwaiting
07-06 12:19 PM
Lets call it "Re Revised Visa Bulletin". Non-Existent sentence.
What are they trying to do?
What are they trying to do?
more...
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WeldonSprings
05-02 04:15 PM
I know everyone has looked at the Visa Bulletin. Here is a quote from it-
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.
by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.
by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.
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Greening
01-07 03:46 PM
Try FHA option with BOA. All they need is only proof of last two years employment.
And good credit score(not bad but at least good). Thats it. They will approve it without any problem.
I got my home after 1st year of H1B. At that time my perm status approved only.
Try FHA its very nice program.
Pros: Loan approval is very simple and you dont need to put any heavy downpayment
Cons: Once they give you loan you can not sell this within 3/5 years.
Just sharing my personal experience.
Cheers,
AJ
And good credit score(not bad but at least good). Thats it. They will approve it without any problem.
I got my home after 1st year of H1B. At that time my perm status approved only.
Try FHA its very nice program.
Pros: Loan approval is very simple and you dont need to put any heavy downpayment
Cons: Once they give you loan you can not sell this within 3/5 years.
Just sharing my personal experience.
Cheers,
AJ
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madhu_online1
02-24 08:09 PM
To those with H-1 extension issues:-
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
GoldRod
09-10 02:38 PM
Green card is a gold rod. anybody knows why?
newuser
07-18 12:43 PM
Not to forget the people stuck in backlog centers.
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