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Written By muthmmuuuaaanniish on Friday, June 24, 2011 | 7:00 PM

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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





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  • logiclife
    01-16 04:18 PM
    I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.

    This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.





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  • gccovet
    02-19 01:09 PM
    That's exactly what I wanted to ask! How on earth are they going to prove a presence?

    1. Drivers license (that only shows the date they started)
    2. Utility bills (is that possible?)
    3. Bank statements (I'm not sure if undocumented ones get accounts)
    4. Employment proof (right...)
    5. Real estate titles

    I'm not saying they can't, but trying to think how...


    IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).

    http://www.nytimes.com/2007/04/16/nyregion/16immig.html
    http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html

    GCCovet





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  • perm2gc
    01-10 12:12 PM
    new forums and sites are here
    http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42

    any volunteers?
    volunteers to post in those above listed forums or to search forums ?



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  • chmur
    03-17 05:35 PM
    The way I read it is ...People with PD's earlier than 2004-05 have been their long enough to understnd the pain and hence are active in all these forums , participate in such polls etc.

    Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....

    I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.


    I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007





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  • ghost
    08-12 07:30 AM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile


    Unsolicited advice - Let's put a small amount as a deposit before we begin these efforts - 6 USD per week for 6 months (signing up for 25 USD per month for 6 months)...I did it and took me 5 minutes, now I am more dedicated to this effort than ever before and am sure that this dedication will have a positive impact on our future efforts...thanks for reading!



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  • delhiguy
    07-04 08:38 PM
    I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.

    Don't see any light at the end of the tunnel...

    How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.

    Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.





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  • ss777
    05-12 03:04 PM
    Online MBA from University of Maryland University College matches the criteria you mentioned (to a larger extent). Also you can have MBA degree in 2 yrs. The course work is demanding and one would need TOEFL if not educated in US or few other countries. GMAT is not required.



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  • chetanjumani
    02-22 08:24 AM
    From my understanding any left over EB4 and EB5 also get carried over to EB1 and from EB1 to EB2. SO would EB2 get the benefit of Eb4 + EB5 + EB1 ?

    Thanks,
    Chetan





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  • chetanjumani
    03-13 12:10 PM
    Thank You Googler, EB2 India in April is Dec 2003. Hopefully the logic to arrive at this is what you got to know from your Call with DHS employee.

    Hopefully all EB immigrants would be treated equally irrespective of their place of birth.



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  • Humhongekamyab
    03-09 02:13 PM
    lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:


    Edit: Never mind..yours is EB3..so may be mine will come in 2015

    If your kids were born in the US then maybe they will be able to file for you by then and that will be definitely faster than EB-3. :D





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  • PBECVictim
    07-01 04:28 PM
    Will CIS Discontinue Intake of I- 485 Applications?

    It is possible. Such an action would be illegal, but CIS has already stopped accepting I- 485 applications for another category known as "Other Workers," despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing.



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  • DDD
    02-18 12:14 AM
    every package except LW has a free trial.





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  • raysaikat
    07-28 09:01 AM
    Hi all,

    I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.

    I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.

    Thanks

    Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?



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  • we_can
    01-03 11:06 PM
    Posted on immigration.about.com
    http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888





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  • imneedy
    05-06 03:04 PM
    They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)



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  • GCVivek
    03-21 02:33 PM
    There is no requirement for any company to sponsor green cards for any employee. A job is granted to you based on requirement of the company. Once that requirement no longer exists, the company can (and should) lay off the employee. This applies to H1 extensions and filing of GC.
    GC filing is completely based on the company needing your service. Unless you totally excel and become indispensible to the company, they do not need to keep you. This is unlike a secure Govt. job in most 3rd world countries.
    The conclusion is that this list would include ALL COMPANIES IN THE WORLD (and some Govts jobs). However, the list is not of rogue companies but simply companies that are run well.

    There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.





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  • babu123
    07-13 01:36 PM
    What Murthy did is right job. We should not blame her as she did it lately.
    I am not her client.
    There are so many lawyers in US, But none of them wrote letter to USCIS.

    This is not the time to blame her. This is the time to unite with her and do protest. Remember she is asking on our behalf.





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  • rajuram
    01-25 08:25 PM
    There is 500 character limit on the white house web site. I just send simple message saying that USCIS has wasted lot of visas in the earliers due to inefficiency and that they should be recaputred. And that it is causing lot of hardship to well educated people who are here legally.

    Sometimes I send a different message (which agrees with new presidents policy about FOIA), I ask the president to get USCIS to disclose pending applications per year per category per country.


    Hello rajuram;

    We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.

    Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.

    As DallasBlue mentioned to add three items in the email/letter for administrative fixes.

    (i) Eliminate per country quota limits
    (ii) Recapture the lost visas
    (iii) Porcessing dates cannot go back





    TexDBoy
    09-10 02:42 PM
    You can open real player ... then file -> open ..
    http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi





    skd
    09-18 01:47 PM
    This is MUCH worse than Dot-Com bubble, As Dot-Com bubble was just for IT industry, this financial sector, Housing Sector, Insurence Sector. And obviously IT as IT is service industry for all these.
    So we don't know what will happen.

    It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....



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