paskal
07-09 11:57 AM
[QUOTE=desi3933]� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
wallpaper quot;Star Wars Episode III
delhiguy
07-08 08:47 PM
macaca, This is really good point
There could be 3 reasons , which i could think of
1. The CIR, which was providing amnesty to aroun 12 million illegal residents in the US,so they wanted to keep the legal residents happy.
2.The DOS wanted to force USCIS to finish its backlog, if the dates were current and USCIS would have to accept our applications then they would have to process a lot of EAD/AP and would required a lot of work, They could put the 485 in queue but not AP/EAD. So the only way for USCIS was to process the backlog(At least many legal residents got GCS)
3.USCIS wanted to avoid accepting these applications till July 30, to get more fees( I think this is the least possible reason)
There could be 3 reasons , which i could think of
1. The CIR, which was providing amnesty to aroun 12 million illegal residents in the US,so they wanted to keep the legal residents happy.
2.The DOS wanted to force USCIS to finish its backlog, if the dates were current and USCIS would have to accept our applications then they would have to process a lot of EAD/AP and would required a lot of work, They could put the 485 in queue but not AP/EAD. So the only way for USCIS was to process the backlog(At least many legal residents got GCS)
3.USCIS wanted to avoid accepting these applications till July 30, to get more fees( I think this is the least possible reason)
delax
07-05 11:59 AM
Reached Lincoln NE July 2 at 9.01 a.m. Signed by R MICKELS
2011 Star Wars Episode III Revenge
gc4me
07-28 02:09 PM
LUD on I-131 and I-485 on 7/22 :confused:
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
more...
gsc999
07-19 07:06 PM
Zoooom thanks for doing this. Anzerraja good work. You two work good as a team.
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
n2b
08-14 08:29 AM
We have received FP notices for our 485 applications that reached USCIS on July 2nd (EB2/India)
Good luck to all other IV folks.
what is ur FP date & location? thank you.
Good luck to all other IV folks.
what is ur FP date & location? thank you.
more...
TomPlate
11-30 09:24 PM
Dear Friend,
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
2010 Star Wars: Episode III
h1bmajdoor
07-08 10:23 PM
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
more...
chanduv23
06-26 10:34 AM
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.
.
desi - You seem to have indepth knowledge in this. All your posts put together gives the complete picture.
In reality, a common man does not do much analysis and just goes by the flow. HR listens to what manager or management says and thats it. No one complains or asks and as such people - if they find an opportuinity which is welcoming will not chase an opportunity which is not welcoming unless a group of people like members of IV - want to collectively address these issues.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
.
desi - You seem to have indepth knowledge in this. All your posts put together gives the complete picture.
In reality, a common man does not do much analysis and just goes by the flow. HR listens to what manager or management says and thats it. No one complains or asks and as such people - if they find an opportuinity which is welcoming will not chase an opportunity which is not welcoming unless a group of people like members of IV - want to collectively address these issues.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
hair Star Wars: Episode III Revenge
Macaca
07-08 08:17 PM
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
This link gives restrictions on immigrants who have violated the law. We need restrictions on law abiding legal non-resident immigrants.
http://www.slate.com/id/1008367/
This link gives restrictions on immigrants who have violated the law. We need restrictions on law abiding legal non-resident immigrants.
more...
sanjay
02-10 04:56 PM
and good job on the funds raised so far. I will contribute 50$ when we reach 5K. This is in addition to my recurring monthly contribution
Santb1975,
Make it to 2.5K instead of 5K. By the speed we are in right now, I don't think we will reach your destination so early. But contribution is being very slow. Sorry for being -ve.
Had this been a call to build some temple or religious place I bet we would had been collected 5 - 10 times more than what we are at now.
I took the example here from a temple collection in my area, which when planned to upgrade it's kitchen, collected more than 175K in 15 days.
Santb1975,
Make it to 2.5K instead of 5K. By the speed we are in right now, I don't think we will reach your destination so early. But contribution is being very slow. Sorry for being -ve.
Had this been a call to build some temple or religious place I bet we would had been collected 5 - 10 times more than what we are at now.
I took the example here from a temple collection in my area, which when planned to upgrade it's kitchen, collected more than 175K in 15 days.
hot Star Wars: Episode III
Azzkikr1337
09-27 02:56 PM
Lawyer filed I-485 on July 13th to TSC. Still nothing yet.
more...
house quot;Star Wars Episode III
amitjoey
05-23 04:35 PM
Sent email to 2+10 senators.
Thanks, please also webfax. It is just one click.
Thanks, please also webfax. It is just one click.
tattoo Star Wars: Episode III
apahilaj
08-08 10:04 AM
Congrats!
Usually there will be another message "Notice welcoming permanrent resident sent" . Then, after a few days there will be "Approval notice sent" , the physical approval notice goes to your attorney. You should receive the physical card within 7-10 days.
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
Usually there will be another message "Notice welcoming permanrent resident sent" . Then, after a few days there will be "Approval notice sent" , the physical approval notice goes to your attorney. You should receive the physical card within 7-10 days.
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
more...
pictures Star Wars Episode III: Revenge
mchundi
05-04 10:46 AM
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.
The tone of ur earlier posting may have hurt some people.
Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.
--MC
This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.
The tone of ur earlier posting may have hurt some people.
Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.
--MC
dresses Star Wars Episode III: Revenge
shankar_thanu
03-24 08:22 PM
I applied 485 on July2nd 2007, we never got the FP notice, I called up the USCIS inquiry number, opened two service requests, nothing happened. My lawyer sent a letter asking USCIS to look at our case, that was ignored as well. We finally got an Infopass appointment and went to the office today, after a little bit of confusion, we were told that the most likely cause was that we sent pictures along with our EAD applications and that confused CIS procedures and they missed sending us FP notices.
Cant believe this crappy explanation, but this is what we were told. We were told that usually they call people in for FP and take the pictures and then process the EADs. Anyway, it took all of ten minutes to figure this out and issue us an FP notice, there is no reason they couldnt have done this over the phone...
Good thing though is that not having the FP done does not stop then from processing the Name check and infact my wife's name check has been completed..
Hope that helps...
Cant believe this crappy explanation, but this is what we were told. We were told that usually they call people in for FP and take the pictures and then process the EADs. Anyway, it took all of ten minutes to figure this out and issue us an FP notice, there is no reason they couldnt have done this over the phone...
Good thing though is that not having the FP done does not stop then from processing the Name check and infact my wife's name check has been completed..
Hope that helps...
more...
makeup In Revenge of the Sith
asdqwe2k
06-27 03:06 PM
I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
girlfriend Star Wars III: Revenge Of The
user2005
05-23 04:39 PM
another reporter contacted me today. so this campaign is working. lets continue this good work.
A little checklist to encourage other IV members to work on action items.
1) Funding Drive
http://immigrationvoice.org/forum/showthread.php?t=4618
Just made paypal contribution for $100.
2) Media Drive
http://immigrationvoice.org/forum/showthread.php?t=4290
Sent IV press release (http://immigrationvoice.org/forum/showthread.php?p=66341) to major Newspapers/Magazines/Television Networks/News Services using AILA site http://capwiz.com/aila2/dbq/media/
3) Email to Senators
http://immigrationvoice.org/forum/showthread.php?t=4619
Sent to all senators in list by visiting their sites.
4) IV Fax
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
Sent.
Will work on (5) Phone Campaign (http://immigrationvoice.org/forum/showthread.php?t=4581) as soon as I get chance at work.
A little checklist to encourage other IV members to work on action items.
1) Funding Drive
http://immigrationvoice.org/forum/showthread.php?t=4618
Just made paypal contribution for $100.
2) Media Drive
http://immigrationvoice.org/forum/showthread.php?t=4290
Sent IV press release (http://immigrationvoice.org/forum/showthread.php?p=66341) to major Newspapers/Magazines/Television Networks/News Services using AILA site http://capwiz.com/aila2/dbq/media/
3) Email to Senators
http://immigrationvoice.org/forum/showthread.php?t=4619
Sent to all senators in list by visiting their sites.
4) IV Fax
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
Sent.
Will work on (5) Phone Campaign (http://immigrationvoice.org/forum/showthread.php?t=4581) as soon as I get chance at work.
hairstyles Name : Star Wars: Episode III
simple1
05-01 03:55 PM
FOIA may be. Btw can you add a poll to this thread to see forum support?
Done, added poll.
Done, added poll.
akhilmahajan
04-14 09:54 AM
For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
Jaime
06-27 02:22 AM
Jamie:
I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.
Moderator, sorry I broke my promise. But this is the last I will say on this.
Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
Santosh:
Your post is good and you are focusing on our IV goals. Thank you for your comment. I will just say though that, as everybody knows I just reacted to others' attacks and never implied that anyone is better than anybody. People who have read my posts know my admiration for India and my belief that it will be Americans who will fight to get a job there one day. The numbers I shared are not "blinding me by my own bias" like you say at all. I fact, I used numbers in order not to be biased and rather to be fair. I just responded to some ignorant comments by some people. I have been to India and hope to go back, and have many great friends from there. What discouraged me is that some people will attack my country especially in a forum where that doesn't belong and where we are all trying to help each other. Any divisions among us are a victory for our detractors. I hope you understand. Let's focus on helping each other going forward, and let's all be friends! Thanks.
I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.
Moderator, sorry I broke my promise. But this is the last I will say on this.
Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
Santosh:
Your post is good and you are focusing on our IV goals. Thank you for your comment. I will just say though that, as everybody knows I just reacted to others' attacks and never implied that anyone is better than anybody. People who have read my posts know my admiration for India and my belief that it will be Americans who will fight to get a job there one day. The numbers I shared are not "blinding me by my own bias" like you say at all. I fact, I used numbers in order not to be biased and rather to be fair. I just responded to some ignorant comments by some people. I have been to India and hope to go back, and have many great friends from there. What discouraged me is that some people will attack my country especially in a forum where that doesn't belong and where we are all trying to help each other. Any divisions among us are a victory for our detractors. I hope you understand. Let's focus on helping each other going forward, and let's all be friends! Thanks.
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