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Written By muthmmuuuaaanniish on Friday, June 24, 2011 | 6:45 AM

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  • srkamath
    07-12 08:18 PM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.........

    Good point, i agree............





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  • logiclife
    12-20 07:55 PM
    <If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).

    This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.

    The section is 8 USC � 1255 (k). Also known as 245(k).

    Here is how to find the text of 245(k) on USCIS website:

    1. Go to USCIS.gov
    2. Go to "Laws and Regulations" menu item on top menu.
    3. Click on "Immigration and Nationality Act" on the left menu.
    4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
    5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
    6. Under Act 245, go to section (k), the lowercase k.

    You will read this :

    (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien's admission.


    Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    Go to (k) -lowercase k.





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  • pbuckeye
    02-12 03:06 PM
    What advertisement? I was just trying to see if there was any truth in "he who shall not be named" 's assumption. I am convinced of the facts now, which was the point to begin with. Does every post have to be part of an agenda (too much Zee TV watching )?

    thanks to kumarc123 for bringing some comic relief to this wound up thread.

    P.S. The Zee TV bit was a joke, I am not an advertiser for that channel as well.





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  • vdlrao
    07-18 11:44 PM
    Hi Gurus,

    My PD is Dec06 EB2, do you have any guess when I will be current.

    Thanks

    Assuming you are EB2 India with PD Dec 2006

    Best case your case will be current : 4 months
    Worst Case your case will be current : 12 months, but not more than that.



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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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  • cjain
    06-20 05:53 PM
    ^^^^^^^^^^



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  • anil_gc
    09-26 10:24 AM
    sent e-mail to the cnn editor





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  • yabadaba
    07-13 05:13 AM
    yep ..thats what shes done/trying to do..claim credit for her "hard hitting" letter.



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  • dkshitij
    07-12 04:33 PM
    if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits.

    Why don't we then see quarterly spillover?





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  • tapukakababa
    07-18 12:12 PM
    hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.

    I called at the same number you provided all of us in your earlier posts

    1-800-375-5283, with ext 1,2,3,6



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  • abhi_022001
    08-11 02:19 PM
    Count me in too...





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  • cygent
    03-17 04:32 PM
    Hello all,

    How do you determine if the category is EB2 or EB3? How can you find that out from which document?

    Thanks!



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  • perm2gc
    01-05 08:30 PM
    Guys we had 115 new members today.It was great to see so many new members on the same day.It is all due to the hard work of many members.If we continue ,we will make our 10,000 mark

    Thank You





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  • qasleuth
    01-25 10:54 AM
    It is time for new ideas and creative solutions. Here are my ideas:

    1. We cannot make this an Indians only campaign:
    Get get participation from folks of other countries. This is extremely important. I understand people from India are probably the highest number waiting to get a GC but we HAVE TO make this a broader effort.
    How?: Contact 'leaders' from other countries. Not on these forums but through personal contacts. There are too many immature kids on these forums for any meaningful dialog.

    2. MAke IV a membership only website (Forums atleast):

    This gaurantees steady flow of funds. What do members get in return ? Access to forums, updates, action items/progress, bi-weekly Newsletter etc. Membership can be as low as $5 a month.

    3. Funding Drives:

    Fantastic efforts were made from many IVians. Get more creative (Dinner where you pay for your seat - $20 per head?), get people from other nationalities involved (Indian Sub-continent, China, Philiphines, Indonesia etc).

    4. Make this effort more than getting a green card:
    This is perhaps the most important if we can pull it off. Get green card holders and naturalized Citizens involved. This will give 'bite' to our effort (imagine going to your congressman with leading members of the local immigration population). Advantage: Funds, publicity, connections to politicians etc. Members will get the advantage of a platform and derive benefit from numbers.
    How?: IV should become a platform for 'immigration issues' in general. Charity, cultural assimilation, job board, getting involved in local politics etc.

    5. Clean up forums/discussion board:

    Get rid of politics, religion discussions, period. Do not allow divisive nonsense.



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  • eilsoe
    03-08 04:24 PM
    right, march 10th :lol:

    sorry.. had my head somewhere else at the time... :sure:





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  • desi3933
    02-11 01:03 PM
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
    Family based visa used for FY2009 = 215,343
    Family based immigrant visa numbers = 226,000

    Unused visa = 10,567
    available for employment based visa numbers for FY2010.

    *********
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105
    Family based immigrant visa numbers = 226,000

    Unused visa = ZERO
    available for employment based visa numbers for FY2009.


    Always go by the facts.


    ___________________
    Not a legal advice.



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  • shantanup
    11-18 10:11 AM
    Receipt number: 2008065217





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  • GC_Waiter_2000
    07-12 06:08 PM
    Current again after 2 Years.

    Is it necessary to act (like opening SR, Info-pass, meeting Senators, Congressman etc..) so that I can get a seat in the Bus at least this time? Not to mention there is no proper queue this system (FIFO) here.

    Thanks





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  • meera_godse
    01-30 01:28 PM
    thank you all for your time and advice.
    is there a website where i can find reviews of such companies.





    ajm
    11-02 12:40 AM
    NRC 2008 063585

    The request is in the complex track.





    eb3retro
    08-20 11:39 AM
    My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.


    My child is 6 1/2 years old and not sure why they didnt send a FP notice for the child.



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