Macaca
07-09 05:07 PM
Section 245.1 (g)
(g) Availability of immigrant visas under section 245 and priority dates�(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I�485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101�238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
Please post URL of this and others. Thanks!
(g) Availability of immigrant visas under section 245 and priority dates�(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I�485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101�238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
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mbawa2574
09-08 01:52 PM
July 3 filer NSC : all 6 checks got cashed.
gclongwaytogo
10-11 02:29 PM
no news today. called uscis. talked to io. same message. they still have lot of applications to be registered. now calling everyday.
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neverbefore
08-29 11:57 PM
take your 485 and 140 receipts.
Just thought I will share my Infopass experience.
I had an appointment at 1:30 pm in LA. Reached there in time but had to wait at the tail of a long line despite first asking the security person about the location of Infopass entrance (assuming there was one).
The same guy announced after 10-odd minutes that Infopass people should follow him to a door and so we did. The clerk at one of the windows inside took a long time and then asked us to take a seat and wait to be called.
We got called in 10 minutes and this clerk now said that for our case, we needed to be sent "upstairs" but since it was already past 2 pm and we had "so many files" (3 to be exact), we needed to book yet another appointment for an earlier time slot! Impressive!
We have done that now and hope to get some insight next time around. Funny that nothing about 2 pm is mentioned anywhere when booking an appointment for Infopass.
:rolleyes:
Just thought I will share my Infopass experience.
I had an appointment at 1:30 pm in LA. Reached there in time but had to wait at the tail of a long line despite first asking the security person about the location of Infopass entrance (assuming there was one).
The same guy announced after 10-odd minutes that Infopass people should follow him to a door and so we did. The clerk at one of the windows inside took a long time and then asked us to take a seat and wait to be called.
We got called in 10 minutes and this clerk now said that for our case, we needed to be sent "upstairs" but since it was already past 2 pm and we had "so many files" (3 to be exact), we needed to book yet another appointment for an earlier time slot! Impressive!
We have done that now and hope to get some insight next time around. Funny that nothing about 2 pm is mentioned anywhere when booking an appointment for Infopass.
:rolleyes:
more...
ssa
07-28 12:04 AM
No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Roger Binny
05-09 07:45 PM
On what basis the law suite will be ? i guess they we are not entitled to get GC's, its a privilege but not a right, i agree this whole GC crap is costing our families in all forms, but still, the idea of law suit doesn't have merit.
Anything to do with EB immigration i mean even if administration is convinced to do some thing +ve, financial market and job market has to continue with +ve development atleast for few months, other wise there will be heck of outcry by the natives.
Mean while, best thing is some one coming out with unused visa numbers math to claim them plus some convincing arguments about encouraging or supporting legal immigration, because all these EB immigrants here are paying taxes atleast half a decade to decade long and living legally as well helping america continue as a leader in technology.
Rally's raising mexican flags costed them a lot by getting plenty of -ve attention even from immigation moderates, than doing any favor. Going squarely against them by using their own law will give a powerful tool to simply crush us in a different way,whichever country we may live in, it is never a right idea.
Any big initiatives during the financial turmoil simply wont yeild any positive result, this may be just a common sense,as well it is also understandable that no sensible politician will be willing to help immigrants(foreigners),by poking their own people in wrong way when the unemployment is close to historic range.
Yes i'm living in this country for almost a decade and waiting in EB3 queue, this retrogession is nothing different than not getting GC when the dates were current, both are same, only difference is we wont hope when it is purely retrogressed, end result is same.
Sorry for my poor english.
Anything to do with EB immigration i mean even if administration is convinced to do some thing +ve, financial market and job market has to continue with +ve development atleast for few months, other wise there will be heck of outcry by the natives.
Mean while, best thing is some one coming out with unused visa numbers math to claim them plus some convincing arguments about encouraging or supporting legal immigration, because all these EB immigrants here are paying taxes atleast half a decade to decade long and living legally as well helping america continue as a leader in technology.
Rally's raising mexican flags costed them a lot by getting plenty of -ve attention even from immigation moderates, than doing any favor. Going squarely against them by using their own law will give a powerful tool to simply crush us in a different way,whichever country we may live in, it is never a right idea.
Any big initiatives during the financial turmoil simply wont yeild any positive result, this may be just a common sense,as well it is also understandable that no sensible politician will be willing to help immigrants(foreigners),by poking their own people in wrong way when the unemployment is close to historic range.
Yes i'm living in this country for almost a decade and waiting in EB3 queue, this retrogession is nothing different than not getting GC when the dates were current, both are same, only difference is we wont hope when it is purely retrogressed, end result is same.
Sorry for my poor english.
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sankap
07-09 10:20 PM
In that case, I *guess* you can show yourself as "permanently self-employed" for your own company--should be easy if you have an LLC that does business in "same or similar" occupation (e.g., consulting/PM). Should also be easy to state the *projected" yearly income on EVL.
First read this post.
http://immigrationvoice.org/forum/473142-post12.html
This should clear your doubt. You can read RFE issued by USCIS on other forum as well. The word "permanent" is right there.
.
First read this post.
http://immigrationvoice.org/forum/473142-post12.html
This should clear your doubt. You can read RFE issued by USCIS on other forum as well. The word "permanent" is right there.
.
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bigboy007
05-12 09:48 PM
Not sure Why IV Core should respond when a category goes off... They are working united for all overall suffering and pain for all categories...
Hoping to get some direction / response from IV core.. surprisingly quiet CORE grp this time..
Hoping to get some direction / response from IV core.. surprisingly quiet CORE grp this time..
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TheOmbudsman
10-18 10:11 AM
That's why I said before;some people are pretty sure that if democrats win, we will be alright. In my view it may turn out to be the opposite. Democrats favor illegal immigration. I think they are less inclined to pass our SKULL bill alone. I strongly believe that that democrats would rather attach our bill to the CIR/illegal alien amnesty bill, which still will be controversial to pass. Even if Sen. Specter and his team manage to flood America with illegal aliens, then we may take a hit from the collateral effects caused by millions of applications at USCIS.
If Republicans win, we are problably in a better shape.
Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
If Republicans win, we are problably in a better shape.
Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
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redcard
08-20 01:43 PM
Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
more...
dingudi
11-05 03:22 PM
Hi,
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
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senk1s
07-03 05:24 PM
Yes !!
Happy Independance Day
Happy Independance Day
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babyblue
06-15 10:08 AM
We posted our 485 application to Texas service center on May 31st and on 6th June they mailed us the receipt number for me and my wife.
Checks were also cashed on 6th June.
Checks were also cashed on 6th June.
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Siddharta
03-25 11:22 PM
My PD is Oct 2006. Its seems like i have to wait around 10+ years. Do you think i should go for EAD instead of H1B transfer and H1B extension
Go for it. EAD is almost as good as GC as long as you remain in same field.
Go for it. EAD is almost as good as GC as long as you remain in same field.
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khukubindu
05-05 06:20 PM
Thanks reddymjm for your quick reply. How long would it be current , do you think ?
What should I do from my side if it the date is correct ?
Should I call USCIS.
What should I do from my side if it the date is correct ?
Should I call USCIS.
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alterego
10-08 09:14 PM
None of this damn crap is fair. There are 3 lines in the green card queue. 1) Labor/PERM line, further subdivided on the basis of BEC, PERM, Employer willingness, exempt(NIW) etc. 2) the I-140 Line and 3) the I-485 line. These lines each have inconsistent patterns depending upon the winds of the day, a few years ago, LC/BEC lines were long, employers were less willing to sponsor green cards, and there was no I-140 PP processing, now all of a sudden PERM is there, PP of 140 came into being, and 485 became an eternal wait and country quotas came into being. For those that got screwed with BECs then PP 140 got removed when they were ready to file and now PD retrogressed into the stone age, it sure would seem like non sense for the guy who got PERM in 2 weeks, then PP 140 in 10 days and filed 485 in he July fiasco. Nevertheless you are only speaking in terms of degrees of getting screwed, since all are being done so by an unpredictable and unreliable system.
None of this damn crap is fair, we all know it. The only fair thing is for this country to decide who it wants and needs and sort them out ASAP. A wait of 2yrs, 5yrs or 10 yrs is immaterial, all of the above are ridiculous in EB immigration, degrees of unfairness is splitting hairs if you ask me. Up to 2 yrs is understandable, but beyond that implies a broken system which we need to lobby to fix. If we can all agree on that then, we have a platform to move forward with, otherwise we will get nowhere. When you average out the way most immigrants came to this land....................all of us are way more contributing and deserving, lets try to remind people of that as well as our future potential.
None of this damn crap is fair, we all know it. The only fair thing is for this country to decide who it wants and needs and sort them out ASAP. A wait of 2yrs, 5yrs or 10 yrs is immaterial, all of the above are ridiculous in EB immigration, degrees of unfairness is splitting hairs if you ask me. Up to 2 yrs is understandable, but beyond that implies a broken system which we need to lobby to fix. If we can all agree on that then, we have a platform to move forward with, otherwise we will get nowhere. When you average out the way most immigrants came to this land....................all of us are way more contributing and deserving, lets try to remind people of that as well as our future potential.
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desi3933
07-10 10:57 AM
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
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Sakthisagar
08-09 10:59 AM
Why are you not taking EB1 into account where the diff is 9 - 10 years. I came to US on L1 in 2001 Then applied for EB3 in 2004 which was deneied in 2006. Then started in EB2 in 2006. So if you consider, I have been here since 2001 not that I just come in 2006. Like the same way you too move up in your career and then apply for EB2.
Read this once more...
That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)
Read this once more...
That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)
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newu77
08-17 04:52 PM
Has anyone, who filed on July 2nd at NSC, I-140 approved from TSC and have an updated LUD on I-140, got their receipts yet?
I am still waiting...NO checks cashed yet...
I am still waiting...NO checks cashed yet...
rsayed
08-26 06:32 PM
Finally -
Received CPO mail today, for both myself and my spouse - Aug 26th @ 4:30pm. Here are the details -
EB2-I
EAD Renewal - Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
CPO E-mail - Aug 26th, 2008
Total processing time - 49 days
Don't know if it's one or two years validity. Will post once I receive the physical cards.
Received CPO mail today, for both myself and my spouse - Aug 26th @ 4:30pm. Here are the details -
EB2-I
EAD Renewal - Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
CPO E-mail - Aug 26th, 2008
Total processing time - 49 days
Don't know if it's one or two years validity. Will post once I receive the physical cards.
humdesi
12-16 06:56 PM
..Having said this, I think I am looking back to go to india after couple more years of stay...
contributions $500
Eveyone says that. Nobody actually goes back.
contributions $500
Eveyone says that. Nobody actually goes back.
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