Kama Of Kingstone

Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck!

It all depend how we interpret the law.

Here is the arguement by stuck labor

"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


(3) an immigrant visa is immediately available to him at the time his application is filed."

BUT

The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.

The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.

Please think through your ideas before posting them.

Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.

I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".

In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.

Munna Bhai
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.

good luck
babu

Hello All,
Very interesting thread. instead of focusing on our mission of this forum we are focussing on all the ways to destroy it. Good work guys, keep it up!

To all my IV Members,


I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.



1. Will put pressure on congress to honor the high immigrant bill in duck session.
2. We will get attention and the next upcoming president will know, we are hurting.


Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.

We have been passive for long now, lets be activist.


Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.


Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
Please lets not waste any more time in discussion, or questioning each others intentions.

Another good idea is to post about action items on sites like Trackiz. I did a search and did not find any posting of IV on that site in last 6 months. So either nobody posted or postings are deleted. We need to keep posting on all such sites because not everyone visits IV.

We neeed to spread the word.

Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.


Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?

We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
Your Case Status: Card/ Document Production

On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

Whoever supports our cause are our friends irrespective of their motives, we need as much support as we can get now. my 2 cents.

People with PD having DEC 2003 and before will have fair chance as well.

Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.

i guess he is talking about your case a)...
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....

and he does post some useful data (remember the recent backlog data he posted before they officially released it).

anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)

I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.

If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.

"If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."

This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.


Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.

Senthil1, Pineapple

Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.

Rule 2
You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.

Read my statement thoroughly.
Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.

What will happen to these companies .. they have to shut down

Rule 2 will be a disaster for all these companies.
These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.

It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.

What exactly is your point Senthil?
If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
There - you can relax now.

The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !

...completely

Your children grew up in the U.S. as Americans, and are going to college, but they "age out" and thus become uninelligible to obtain a green card through you! - Your family gets into grave danger of being split up, or else choose to uproot the entire family and take them to your home country, which to them is a strange foreign land where they have no friends.

Andy Garciaaaaaaaaaaaaaaaaaaaaaaaaaaaa is coming to the rallyyyyyyyyyyyyyyyyyyyyyyy

As far as dates for India goes, its out. Bulletin on USCIS website will have details for all other countries as well which doesn't matter much to us...


How sweet of you, but guess what it does matter to some people, like me.

What I do not understand is how EB3 row only moves so little because there isnt a lot of people left before 2005. Anyone have an answer for that?

But I hope things will eventually improve for all of us!

It is possible for every city to have at least one usps office to be open on Sunday. They have a different day off.

Just go to the USPS website and locate an office that is open on Sun.

Your spouse, inspite of being a professional, cannot work, as he/she is a dependent. You end up being the only earning member & supporting your family, while your spouse just has to wait endlessly.....

What is stopping you from coming to DC??? Need more reasons???

[quote=sweet_jungle]

What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.

How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.

To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.

-the116

Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.

There are couple of postings in Murthy.com

Please participate so that others can view and potentially could become members of IV


http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241

There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.