gauravster
02-18 06:08 PM
I am not sure if I am missing something, but going through the document, it looks like the bill is for legals and illegals alike. It does not mention that you have to be illegal to qualify for permanent residence, just that you should have been in the US for 5 years. This allows for casual/innocent absence, not sure what that means though.
The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.
The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.
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Ramba
07-09 07:44 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
mbawa2574
02-16 12:28 PM
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.
Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.
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mandeep1975
07-01 09:49 PM
When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
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pappu
06-11 03:25 PM
Pappu,
Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.
Thanks,
Rayoflight
The mail will only be sent to your US Senators from your state.
Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.
Thanks,
Rayoflight
The mail will only be sent to your US Senators from your state.
aadimanav
09-10 10:17 PM
Updates from Greg Siskind's
[Update] My report below is not correct. The initial report I received on the markup was not correct and the markup process was not competed today. I believe work is going to continue tomorrow or Friday and hopefully this will be done by the weekend. Apologies.]
[Update] My report below is not correct. The initial report I received on the markup was not correct and the markup process was not competed today. I believe work is going to continue tomorrow or Friday and hopefully this will be done by the weekend. Apologies.]
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kumar1
03-16 05:56 PM
I am impressed to see that our buddy Infinite_Patience_GC is not using F** words today. Good job!
Infinite_Patience_GC,
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
Infinite_Patience_GC,
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
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Hope_GC
07-16 08:05 PM
Guys Looking at this false propagandas my blood boils after paying whole lot of taxes... we get to see these claims. :mad:
more...
nixstor
09-19 11:14 AM
Hi,
I was one of the marshalls, reached Los Angeles like an hour ago. The rally was a huge success, but not upto the expectations from the locals. There is no doubt there is more participation from CA members in both days 17, & 18th and I am not sure what stopped locals attending the rally when they have excellent commuting options to the monument and the capitol area unlike the west coast where we're forced to drive.
I am sure that the local chapter leaders such as Arun, Sukhvinder, Sivakanth, & others put a lot of time, effort, & money into getting the permits from different authorities, display matertials prepared and delivered on time, and other logistics.
At the same time, having 6 weeks time for the rally, I think the local chapters in DC, VA, MD, & DE should have taken a bigger initiative in conducting chapter meetings to improve the participation, and volunteer efforts in receiving people from the airports and/or providing accommodations.
I spoke to one person from CA who came with all the checks written with the names & amounts in advance, and handing them over to the respective members who sponsered others for the rally.
Thanks to all who made the rally a big success.
I do support in changing the organization name to "Legal Immigration Voice" immediately.
I will be writing more in the morning,
Chandra.
What ever stopped the people in MA/NY/NJ to board the buses stopped the people in DC/VA/MD to get on to the Metro train and come to the rally. Its not the distance, as it may seem to you and me, But Its the lack of will, lack of commitment.
If people think about San Jose rally and think it was a huge success, people showed up in 2 days yada yada.., there is a diff reason. Does it even need to be mentioned?
All that I can tell you guys is we did more than our best to get the locals to get to the rally. We can only call/email them or give flyers and let them notify. The final 6 days, our active members had stood out at every place they could and distributed flyers to 3000-3500 people. All the six weeks they have been doing spreading the word.
I hope your message was just expressing disappointment by the turn out an was not actually questioning the commitment of the people who worked on this.
I was one of the marshalls, reached Los Angeles like an hour ago. The rally was a huge success, but not upto the expectations from the locals. There is no doubt there is more participation from CA members in both days 17, & 18th and I am not sure what stopped locals attending the rally when they have excellent commuting options to the monument and the capitol area unlike the west coast where we're forced to drive.
I am sure that the local chapter leaders such as Arun, Sukhvinder, Sivakanth, & others put a lot of time, effort, & money into getting the permits from different authorities, display matertials prepared and delivered on time, and other logistics.
At the same time, having 6 weeks time for the rally, I think the local chapters in DC, VA, MD, & DE should have taken a bigger initiative in conducting chapter meetings to improve the participation, and volunteer efforts in receiving people from the airports and/or providing accommodations.
I spoke to one person from CA who came with all the checks written with the names & amounts in advance, and handing them over to the respective members who sponsered others for the rally.
Thanks to all who made the rally a big success.
I do support in changing the organization name to "Legal Immigration Voice" immediately.
I will be writing more in the morning,
Chandra.
What ever stopped the people in MA/NY/NJ to board the buses stopped the people in DC/VA/MD to get on to the Metro train and come to the rally. Its not the distance, as it may seem to you and me, But Its the lack of will, lack of commitment.
If people think about San Jose rally and think it was a huge success, people showed up in 2 days yada yada.., there is a diff reason. Does it even need to be mentioned?
All that I can tell you guys is we did more than our best to get the locals to get to the rally. We can only call/email them or give flyers and let them notify. The final 6 days, our active members had stood out at every place they could and distributed flyers to 3000-3500 people. All the six weeks they have been doing spreading the word.
I hope your message was just expressing disappointment by the turn out an was not actually questioning the commitment of the people who worked on this.
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nk2006
10-17 12:12 PM
Fax number (816) 350-5785
Will do (downloaded the letter - will send after notarizing it).
Thanks
Will do (downloaded the letter - will send after notarizing it).
Thanks
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jamesbond007
09-10 01:54 PM
Could someone post periodic updates for the benefit of those who do not have real player? (and are not allowed top install it)
Thanks
Thanks
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logiclife
01-26 03:50 PM
Please mention details of your issue since most of members here are either in the labor black hole or under EB retrogression waiting to file for I 485. If you know something and if its WIDESPREAD and affects almost all applicants, please mention it here in details. We can include that in our agenda so that we dont have to fight for those issues when we do file for 485 in the future.
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ckichannagari
06-11 10:57 AM
just sent again after modified contents..
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ramus
07-03 03:07 PM
bump.
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addsf345
11-07 07:24 PM
trying to revive this discussion. Its been more than 6 - 8 months, so what are the updates? Please share.
I am aspiring AC21 wannabe. Appreciate word of advice from those who have successfully used this option.
I am aspiring AC21 wannabe. Appreciate word of advice from those who have successfully used this option.
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India_USA
04-13 01:09 PM
I am new to this country........reading the posts from members, I wonder if we did the right thing in coming to the usa? Life in India is improving a lot.
Planning to study here.......is it better to go back after a couple of years?
Planning to study here.......is it better to go back after a couple of years?
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ganguteli
04-03 12:26 PM
Hello there,
Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
Let's do this NOW.
"To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"
Dude complete your profile first if you want to be taken seriously.
I would be hesitant to write to some anonymous email id.
Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
Let's do this NOW.
"To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"
Dude complete your profile first if you want to be taken seriously.
I would be hesitant to write to some anonymous email id.
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pd052009
03-17 08:14 AM
^^^^^
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StarSun
03-15 10:11 AM
Volunteers, please contact Vin13, if you know of any member willing to make the trip to DC for all 3 or 4 days from the west and mid west regions. He has enough air miles for a couple of tickets.
gk_2000
08-11 05:08 PM
Guys,
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
priderock
06-30 11:41 PM
Although our endeavor should be to make USCIS accept applications through out July , In my opinion We should be willing to accept any compromise cut off date for accepting applications. Say for example two weeks from Jul1 or 1 week from Jul 1st etc. (Worst case being cases received until revised dates are published). I know some of them might not get their applications through in first two weeks , but I think it is better than alternative (Which is no one gets through)
The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
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