2002 Nissan Yanya Concept

images artc ldethe yanya concept high

2001 Nissan GT-R Concept

desi3933

05-11 05:11 PM

Hello Attorney,

About Myself:
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Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.

Background:
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Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)

However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.

The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

If incorrectly classified ? Is there any legal option this mis-classification be corrected?

Thanks a lot in advance for your time.

INA 203(d) Treatment of family members

A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


______________________
Not a legal advice
US citizen of Indian origin

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wallpaper 2001 Nissan GT-R Concept

2005 Nissan Sport Concept

GCanyMinute

08-23 12:25 PM

for sure this info is gonna be useful for someone.
i hope i don't have to use it myself though :D
thanks for the help.

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2001 Nissan GT-R Concept

Hey Ram GC

04-08 12:25 PM

so are you going to get your EAD renewed this time?

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2011 2005 Nissan Sport Concept

2004 Nissan Qashqai Concept

sumansk

07-12 02:01 PM

Guys!
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...

Keep up the spirits MAN !!

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2004 Nissan Qashqai Concept

gcnotfiledyet

02-26 11:29 AM

http://hammondlawgroup.blogspot.com/

From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.

My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.

If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.

Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.

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2003 Nissan Dunehawk Concept

reshma

01-09 08:50 PM

I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.

My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.

If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.

Any advice/help is greatly appreciated.

hi

My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.

Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.

If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.

Thank you in advance

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2007 Nissan Intima Concept

thomachan72

01-13 05:20 AM

Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.

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2010 2001 Nissan GT-R Concept

artc ldethe yanya concept high

gandalf_gray

06-02 10:13 AM

Kaiser.
thx for replying . but I do not want both Visa on Oct1.

My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?

So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?

Pls. help. thanks.

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Nissan Micra C+C

satishku_2000

06-08 01:01 AM

well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.

So I say: CIR, RUST in PEACE.

rimzhim , Totally agree with ya ...

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hair 2004 Nissan Qashqai Concept

2006 Nissan Urge Concept

sanjay

03-28 10:44 AM

Thanks for this great feature. It definitely looks promising. But, some how I find my information missing. Is there a place where I can add my information. my IV profile already got all my info.

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2000 Nissan Fusion Concept

nave_kum

07-19 09:26 PM

[QUOTE=srsrsr]Hello everyone!

I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

Thanks,
Raj[/QUOTE

If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.

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hot 2004 Nissan Qashqai Concept

2007 Nissan Mixim Concept

crystal

12-06 09:33 AM

NSC people have gotten 3 copies. but I think both TSC and CSC people have gotten only 2 copies. There is no need to worry I guess.

I just have 2 copies of AP.....should I have gotten 3????.
Please advise

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house 2001 Nissan Chappo Concept

2001 Nissan GT-R Concept

little_willy

08-08 06:40 PM

I tried that info from but that info is not complete. I know there are more people on IV site than any where else so thought of doing this poll.

Thanks
I meant IV tracker, I hope everyone here is aware of it and entered their details. This will help a lot with analysis. I encourage everyone to check IV tracker in addition to participating in this poll.

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tattoo 2003 Nissan Dunehawk Concept

2007 Nissan Pivo 2 Concept

Pineapple

12-26 01:05 PM

Given that many have spent 10 years, or almost a third of their lives here, they can hardly be called "aliens". Also, given that nothing is permanent, I propose the following term:

Non-permanent, resident, non-alien :D

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pictures 2007 Nissan Intima Concept

2005 Nissan AZEAL Concept

meridiani.planum

04-02 03:39 AM

inline...
My employer refuses to give my copy of approve LC.

-- thats not a good sign.. he does not seem to be co-operative...

I had MS + 1.5 yrs of exp.

So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.

I am willing to take the risk.

Its upto you. If you feel you'll get through without an RFE, you will be all set, if you feel there is a chance of an RFE, this will be a big mistake. Try to stay on H1-B instead of EAD if you do take a chance... In general people would advice against it, job offers keep coming and going. A chance to file I-485, especially if you are from India might be rare thing.

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dresses 2007 Nissan Mixim Concept

2005 Nissan Pivo Concept

nanneh

04-30 01:29 PM

Can some one help me on this subject please......

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makeup Nissan Micra C+C

2001 Nissan Chappo Concept

GCard_Dream

06-29 03:58 PM

It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.

I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).

This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.

As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.

The copies are wothless to you if you leave the company anyways, before you get an EAD.

Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.

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girlfriend 2007 Nissan Pivo 2 Concept

2005 Nissan GT-R PROTO Concept

yabadaba

08-14 01:02 PM

Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?

Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D

Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?

how would uscis have the ability to decode between a direct hire and a non direct hire application?

abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.

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hairstyles 2000 Nissan Fusion Concept

2007 Nissan Mixim Concept

sandy_anand

06-04 09:54 AM

Thats the Senate and House for you...they get up very late since they party late into the night!...:)

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alterego

09-11 03:19 AM

After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.

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kriskris

08-22 03:18 PM

I just called the DMV, they are again blindly saying that they just accept I-94 and nothing else. When i tried explaining them about how this is being handled in other states, they told me that this is TEXAS....we go by our own rules. I don't think i have any other option other than going for Premium.
Any advises on upgrading to premium at this time.

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