factoryman
07-02 01:20 AM
Keep it as it is. Then you can do FB based GCs on either side.
Talk of 'having the cake and eat it too'. Perfectly possible in this case.
Talk of 'having the cake and eat it too'. Perfectly possible in this case.
msgoud
03-07 10:05 PM
my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
bindas74
01-17 06:15 PM
I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.
Please vote up on our causes! Easy job..but please act!
I think anti-immigrant groups are voting down on pro-immigrant policies. So, one should vote down on all anti-immigrant policies as well. Just voting up on pro-immigrantion policies wont help I guess
Please vote up on our causes! Easy job..but please act!
I think anti-immigrant groups are voting down on pro-immigrant policies. So, one should vote down on all anti-immigrant policies as well. Just voting up on pro-immigrantion policies wont help I guess
Lisap
08-28 11:59 AM
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
more...
gc_relief
04-27 03:24 PM
I have updated my profile..
saji007
05-02 04:10 PM
I changed jobs after 5.5 years on my H1-B. When the new company filed for H1-transfer i got approval for 3 years based on the I-140 from the previous employer. In this case there was no need to apply for extension, while transferring the visa, I got 3 years. Send I-140 and Perm copies along with the H1-Transfer
more...
i99
09-07 06:21 PM
For those who follow this thread. As of yesterday, reciepts started to come to people whose packages were received by R Williams. :D(ours not here yet...:()
morpheus
07-12 12:35 PM
The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
more...
EndlessWait
07-09 12:26 PM
I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.
morchu
07-24 12:02 PM
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
more...
apahilaj
02-11 06:39 PM
Count me in. No FP Notice yet.
same here...
Opened second SR today for my self and my spouse.
same here...
Opened second SR today for my self and my spouse.
maccaid
06-22 02:17 PM
Hi,
I just got married not long ago.
I'm planning to apply I-485 this july.
My question:
Should she change her name prior to applying I-485 or she can do it after we applying I-485.
How easy it�ll be to change last name while I-140 and I-485 pending?
Anyone in the same boat?
Thanks in advance.
maccaid
I just got married not long ago.
I'm planning to apply I-485 this july.
My question:
Should she change her name prior to applying I-485 or she can do it after we applying I-485.
How easy it�ll be to change last name while I-140 and I-485 pending?
Anyone in the same boat?
Thanks in advance.
maccaid
more...
harivenkat
05-06 08:54 PM
Tech firms play quiet role in immigration-overhaul push - Politics AP - MiamiHerald.com (http://www.miamiherald.com/2010/05/06/1617199_p2/tech-firms-play-quiet-role-in.html)
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
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Can2004
03-14 12:53 PM
I have one more question.
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)
thanks again!
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)
thanks again!
more...
gc4me
04-07 03:58 PM
I was in the same situation. Got my I-140 through FOIA, my I-824 got rejected (applied both whichever comes first). Check the bellow thread that I created and posted my experience.
http://immigrationvoice.org/forum/showthread.php?t=16863&highlight=FOIA
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
http://immigrationvoice.org/forum/showthread.php?t=16863&highlight=FOIA
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
indrajal
11-02 12:11 PM
Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.
thanks for the reply sir.
i am kinda confused since i dont work for a consultant , also my company dont have a fixed client.
I work for on an in-house project which sells services online to different people. We dont go out and sell it, we dont do custom softwares, we help people in doing their paperwork and charge a little fees.
in this case who is our vendor and client. i am assuming that the employer and petitioner is my boss but i dont know who would the other two be
thanks for the reply sir.
i am kinda confused since i dont work for a consultant , also my company dont have a fixed client.
I work for on an in-house project which sells services online to different people. We dont go out and sell it, we dont do custom softwares, we help people in doing their paperwork and charge a little fees.
in this case who is our vendor and client. i am assuming that the employer and petitioner is my boss but i dont know who would the other two be
more...
gc_on_demand
02-03 01:41 PM
Hi
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
kanta80
04-05 11:39 AM
Thank you very very much, sertasheep. I really appreciate your help.
GC_SUCK
09-26 11:19 AM
Thanks. But GC still sucks because of the long process. Good Luck to everyone.
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
indianabacklog
08-06 07:09 AM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
sukhyani
12-20 11:50 AM
yeah the two shows 'Daily Show with Jon Stewart' and 'Colbert Report' run back to back. I have not seen any media personality that influential in shaping public opinion. They are mostly honest and ruthlessly blunt about issues.
IV members, please post your comments on his message board. If there are a substantial number of posts, only then we can hope for him to ever talk about our issue on his show.
IV members, please post your comments on his message board. If there are a substantial number of posts, only then we can hope for him to ever talk about our issue on his show.
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