pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(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 as a VAWA self-petitioner 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
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(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 as a VAWA self-petitioner 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
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
wallpaper Happy Birthday Baby! I love
EADplease
09-11 04:45 PM
Congratulations, mine (485 and 765 for my husband) was received by TSC on July 24th but no receipt, no checks cashed nothing yet. It seems TSC is really slow in receipting the applications. My husband needs to travel abroad soon and we're anxiously waiting for the receipt...
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
SunnySurya
08-18 02:35 PM
That lawsuit Idea is still very much alive but not relevant to this. Plus that idea will take some time. I also don't beleive I had been unethical.
The bottomline, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
The bottomline, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
2011 I love you so much and miss
sys_manus
02-07 11:46 PM
...this is what I call washing one's dirty linen in public...
..peace
..peace
more...
sanhari
10-18 04:26 PM
Can you all please try to contact USCIS/DOS/local congressman/woman with your request
for EB Spillover visa usage based on the oldest Priority date? If you have already done it please do it again, if not, please do it. Let us try our best to see something can favor us to see our green card atleast this year.
for EB Spillover visa usage based on the oldest Priority date? If you have already done it please do it again, if not, please do it. Let us try our best to see something can favor us to see our green card atleast this year.
pcs
03-08 02:15 PM
This will really help. Simple things like posting on various web site forums about IV will be great
more...
eb3stuck
06-27 12:49 AM
Santosh,
I think INS or BCCS director have authority to make this provision for filing I-485 when dates are not current.This will atleast relieve many of us and our spouses/dependants from current uncertain situation.
Can we all concentrate on this and take one at a time.
What do we all have to do toward the efforts on this?
eb3stuck
I think INS or BCCS director have authority to make this provision for filing I-485 when dates are not current.This will atleast relieve many of us and our spouses/dependants from current uncertain situation.
Can we all concentrate on this and take one at a time.
What do we all have to do toward the efforts on this?
eb3stuck
2010 HAPPY BIRTHDAY BABY I love you
Siddharta
03-23 06:31 PM
...... because my AOS got filed last year, I made the decision to let go of my canadian GC.
How did you let go of it. Did you have to tell the canadian consulate and send in your passport for them to remove your visa. I will be hitting the 3 year mark end of this year.
How did you let go of it. Did you have to tell the canadian consulate and send in your passport for them to remove your visa. I will be hitting the 3 year mark end of this year.
more...
gauravster
05-01 01:58 PM
Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.
Maybe someone more knowledgable or from the core members can throw some light on this.
Maybe someone more knowledgable or from the core members can throw some light on this.
hair Happy birthday baby i love you
srmodi
08-14 08:49 AM
Looks like they started July 2nd filing as I got my I-485 -AP- EAD receipt.
Good Luck for waiters..
Good Luck for waiters..
more...
pappu
11-19 04:23 PM
Question to IV core...
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
Please read my earlier responses on this thread. We need to now take up this issue further and tell them we did not get satisfactory response and need serious attention to our issue as a constituent.
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
Please read my earlier responses on this thread. We need to now take up this issue further and tell them we did not get satisfactory response and need serious attention to our issue as a constituent.
hot Happy Birthday Baby Girl
anilnag
05-02 03:55 PM
in contributions and in any thing else... I started contributing even before lot of people here heard about IV.
Ask a few more to give me red... I will be happy to get more for saying what I said.
Ask a few more to give me red... I will be happy to get more for saying what I said.
more...
house Happy birthday baby J. Love
gk_2000
04-16 07:46 PM
Well, in that thread they were about to "hire a top constitutional lawyer", but it ended in a whimper...
tattoo I love you. Happy Birthday my
Aluwal
08-14 08:28 AM
Aug 13 2007: LIN0723350001-LIN0723354665 (NEBRASKA SERVICE CENTER)
more...
pictures HAPPY BIRTHDAY MY BABY I LOVE
mita
08-18 01:21 PM
BOTTOM LINE:
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
dresses Happy Birthday to one of the
tonyHK12
02-08 06:00 PM
thanks kumar4875, new2gc for your contributions.
Amount raised = $1450.00
Contributions needed = $48,550.00
We are behind on funding for this effort and need at least $1000 raised everyday to have a successful advocacy effort.
Amount raised = $1450.00
Contributions needed = $48,550.00
We are behind on funding for this effort and need at least $1000 raised everyday to have a successful advocacy effort.
more...
makeup I LOVE YOU!
kumar1
02-12 02:08 PM
Sledge_Hammer - You are so shallow in your thinking!
Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.
Please do not be so harsh on forums.
I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.
D%ck weed, I came to this country with the intention of studying and then working, but to do so legally. I came to this country very well knowing that I have to maintain my legal status, regardless of the circumstances.
So to counter your sophomoric point - yes, it does not matter if you have spent your prime years working here, it does not matter if you have loans in India, it does not matter if your wife is on H4, it does not matter if your child is a US citizen, it does not matter if you did your masters here, it does not matter if you are from IIT, it does not matter if you're employed through a consultant, it does not matter if you're employed full-time with a "proper" company, it does not matter if your parents in India are sick and you need to send them money; THE ONLY THING THAT MATTERS IS THAT YOU SHOULD BE MAINTAINING LEGAL IMMIGRATION STATUS BECAUSE YOU CAME TO THIS COUNTRY KNOWING THAT!
So stop complaining @ss wipe and go back and learn to spell and fix your grammar.
>>>>>>Do you have a brain?
>>>>>>So why the hell u came to the country
>>>>>>u ask them to go to their home country is it
Thinking in your native tongue and translating to another language is NOT a very effective way to communicate. And for god's sake, spell 'you' the way it is and don't short hand it to 'u'. That's the most annoying thing people like you do.
Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.
Please do not be so harsh on forums.
I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.
D%ck weed, I came to this country with the intention of studying and then working, but to do so legally. I came to this country very well knowing that I have to maintain my legal status, regardless of the circumstances.
So to counter your sophomoric point - yes, it does not matter if you have spent your prime years working here, it does not matter if you have loans in India, it does not matter if your wife is on H4, it does not matter if your child is a US citizen, it does not matter if you did your masters here, it does not matter if you are from IIT, it does not matter if you're employed through a consultant, it does not matter if you're employed full-time with a "proper" company, it does not matter if your parents in India are sick and you need to send them money; THE ONLY THING THAT MATTERS IS THAT YOU SHOULD BE MAINTAINING LEGAL IMMIGRATION STATUS BECAUSE YOU CAME TO THIS COUNTRY KNOWING THAT!
So stop complaining @ss wipe and go back and learn to spell and fix your grammar.
>>>>>>Do you have a brain?
>>>>>>So why the hell u came to the country
>>>>>>u ask them to go to their home country is it
Thinking in your native tongue and translating to another language is NOT a very effective way to communicate. And for god's sake, spell 'you' the way it is and don't short hand it to 'u'. That's the most annoying thing people like you do.
girlfriend HAPPY BIRTHDAY BABY I LOVE YOU
ramus
07-07 10:17 PM
Please mention how many members from family..
IF we get minimum 1000 then we can talk to core members.
I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.
IF we get minimum 1000 then we can talk to core members.
I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.
hairstyles Happy Birthday Mother from
econ775
10-12 10:43 AM
Check got cashed this morning.. July 3rd filer reached NSC at 11.04 AM... it was a long wait...
saisujatha123
05-12 06:45 PM
Some one tell where and how to send flowers?:confused:
Please advice
Please advice
anzarafaq
03-07 09:27 PM
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
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