vbkris77
01-13 03:50 PM
CIR as introduced by House text is in http://imminfo.com/resources/HR264.html
There is a much better wordings to relieve most of the long pending applicants. The text is as below.
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
`(2) has at all times been a person of good moral character;
`(3) has never been convicted of a criminal offense in the United States;
`(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
`(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
`(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
`(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
`(c) Admissible as Immigrant-
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
`(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
`(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
`(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
`Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.
There is a much better wordings to relieve most of the long pending applicants. The text is as below.
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
`(2) has at all times been a person of good moral character;
`(3) has never been convicted of a criminal offense in the United States;
`(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
`(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
`(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
`(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
`(c) Admissible as Immigrant-
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
`(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
`(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
`(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
`Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.
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cjain
12-21 12:53 PM
if there's one thing i've learnt in the last 1 year..it is this...USCIS laws/press releases/memos etc. are like india's traffic lights...you don't necessarily have to follow'em....so its upto USCIS to interpret in its own way depending on how much pain i can put an immigrant through
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
look in page 2.
".....If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as
measured from the Form I-485 receipt date)....."
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
look in page 2.
".....If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as
measured from the Form I-485 receipt date)....."
gcgreen
02-03 06:28 PM
If this is for your first home, I would say stay away from foreclosures and short sales, especially short sales.
For short sales, you should be prepared to wait, because it is a way for the seller to avoid a foreclosure, whereas for the foreclosure, the event has already happened.
A foreclosure or short sale may involve substantial money for upkeep or repairs. Remember the people selling had a bad experience, and are being forced out of their homes.... do you think they have any incentive to leave their home in pristine condition? What this means is you need to budget for amount over and above the down payment. Your mortgage loan may likely not cover the repairs.
Before you go to a realtor, go to a mortgage broker, and make sure your financial stuff is in order. referrals and references of the broker are very important.
I would recommend reading the mortgage blogs on zillow dot com. See what other guys are talking about and asking. And don't trust the recommendations that the brokers have allegedly received :-)
Simple logic for mortgages: the more your down payment, the lower your rate. Ideal scenario is full down payment, no mortgage. If ideal scenario not possible, you need to cost benefit analysis to see amount of down payment that works.
Another rule: never compare mortgage quotes obtained on different days. Because the rate fluctuates almost on a daily/hourly basis.
Most important rule: home buying requires time and research, especially because you are talking a big sum of money. due diligence does not hurt.
I started this thread to see if any of the IV members have any experience buying a short sale of foreclosure property.
If so please educate us on the process and downpayment etc.
Also please let us know if its different from buying from the market and in what ways.
I appreciate all your inputs in advance.
Thanks,
For short sales, you should be prepared to wait, because it is a way for the seller to avoid a foreclosure, whereas for the foreclosure, the event has already happened.
A foreclosure or short sale may involve substantial money for upkeep or repairs. Remember the people selling had a bad experience, and are being forced out of their homes.... do you think they have any incentive to leave their home in pristine condition? What this means is you need to budget for amount over and above the down payment. Your mortgage loan may likely not cover the repairs.
Before you go to a realtor, go to a mortgage broker, and make sure your financial stuff is in order. referrals and references of the broker are very important.
I would recommend reading the mortgage blogs on zillow dot com. See what other guys are talking about and asking. And don't trust the recommendations that the brokers have allegedly received :-)
Simple logic for mortgages: the more your down payment, the lower your rate. Ideal scenario is full down payment, no mortgage. If ideal scenario not possible, you need to cost benefit analysis to see amount of down payment that works.
Another rule: never compare mortgage quotes obtained on different days. Because the rate fluctuates almost on a daily/hourly basis.
Most important rule: home buying requires time and research, especially because you are talking a big sum of money. due diligence does not hurt.
I started this thread to see if any of the IV members have any experience buying a short sale of foreclosure property.
If so please educate us on the process and downpayment etc.
Also please let us know if its different from buying from the market and in what ways.
I appreciate all your inputs in advance.
Thanks,
2011 amor de dios. el amor de dios.
ramchit
03-26 07:16 PM
When I click on the link URL: http://www.uscis.gov/portal/site/usc...00d1f1d6a1RCRD, it takes me to a web page Last updated: 03/13/2008. I don't see anywhere the recommendation not to EFile 1-131 or I765. Was the recommendation removed after 3/10/2008? Thanks.
more...
istrategist
04-17 07:28 AM
appreciate your help!
My client letter is something like this.
This is to confirm that XXX is an employee of XXX Inc working at our location(client location address) through our vendor XXXX. During this time, XXX will remain a full employee of xxx inc and they will be responsible for supervision blah blah..
after this..write some of ur daily job responsibilities..
My client letter is something like this.
This is to confirm that XXX is an employee of XXX Inc working at our location(client location address) through our vendor XXXX. During this time, XXX will remain a full employee of xxx inc and they will be responsible for supervision blah blah..
after this..write some of ur daily job responsibilities..
Dhundhun
11-26 04:12 PM
Majority of July/August 2007 Green Card filer will get freedom from January / February 2008 onwards.
Family members with EAD has started looking for jobs and enjoying freedom, but how many really got the job?
When economic downturn has started, with limited freedom (because you have to honour labor and I140 job profile), how much freedom you can expect?
In 3rd quarter there has been 400,000-600,000 housing foreclosure started. $ is falling - jobs will also be less rewarding. I don't think hiring is really happening. Recession symptoms are there, so job switch and invoking AC21 wouldn't be easy (there will be exceptions).
The EADs to family members is perceived as H1B alternative; and effort to increase OPT duration from 12 months to 29 months may become next H1B alternative flooding people in Job Market.
Family members with EAD has started looking for jobs and enjoying freedom, but how many really got the job?
When economic downturn has started, with limited freedom (because you have to honour labor and I140 job profile), how much freedom you can expect?
In 3rd quarter there has been 400,000-600,000 housing foreclosure started. $ is falling - jobs will also be less rewarding. I don't think hiring is really happening. Recession symptoms are there, so job switch and invoking AC21 wouldn't be easy (there will be exceptions).
The EADs to family members is perceived as H1B alternative; and effort to increase OPT duration from 12 months to 29 months may become next H1B alternative flooding people in Job Market.
more...
GCkiTaisi
04-30 11:20 AM
I lived in OKC for about 2 months from May to July and it is actually a decent place. Bricktown is a cool place to hang out and Dallas is close by. It helped that I stayed in a apt complex that had a free 9-hole golf course (NE 122 nd st if you are interested). It does get hot but the city has a lot of lakes. Edmond just north of OKC is a nice town. If you are into college football, You also have two good teams with intense rivalry
Overall decent place. Just be careful of the twisters that come around at this time of the year
Thanks for that. I live in NJ right now and was wondering if it would be a good move. Which would you prefer - OKC or Tulsa? Ever been to Tulsa?
Overall decent place. Just be careful of the twisters that come around at this time of the year
Thanks for that. I live in NJ right now and was wondering if it would be a good move. Which would you prefer - OKC or Tulsa? Ever been to Tulsa?
2010 amor a dios.
PD_Dec2002
08-24 02:10 PM
hi,
Here is my situation. eb3 labor/gc process started in dec 02.
married in 2005. applied for 485 in june 07.
wife has been in depression since march, and recently psychotherapy sessions have revealed that its a case of "hidden personality". she is not interested in marraige/family life and wants to pursue a strong career and be independent. Since she has had a previous "self mutilation" incident in life, psychiatrist is advising me to let her go or she could spiral down more into something more disastrous.
problem is, her family is not ready to accept this and they just pushing her to rethink, make it work etc. so wife doent want to go back and wants to continue to live & make career in US. Due to difficulties with getting H1 nowadays, im ok with keeping her dependent till GC comes and then think of legal seperation (divorce in india / US -whatever is needed). Since she seeks independence she is guilty to take my gc, and i think she will try her best to get herself a h1 next year. but i dont know where this will end.
after GC, if there is seperation will derivative spouse get to keep her GC? is there some standard "soaking" period during which she cannot untie the relation. ?
Pls advice.
First, I am sorry for the state of affairs. My prayers are with you and your family.
I am not a lawyer so treat my advice as based on only heresay. I am not aware of any such soaking period for a derivative spouse in an employment-based GC. I do know for a fact that such a soaking period exists when a non-US citizen gets a GC by marrying a US citizen...you have to show matrimonial ties, bank accounts, etc for two years or so to prove that the marriage is not only for green card.
In any case, you should get others' opinions as well, but finally make a decision based on what a qualified attorney says.
On a personal note, realize that it could take several years to get a GC, so the decision to stay together just for a GC should be made with a sound mind. You want to do whatever is best for the two of you.
Goodluck!
Thanks,
Jayant
Here is my situation. eb3 labor/gc process started in dec 02.
married in 2005. applied for 485 in june 07.
wife has been in depression since march, and recently psychotherapy sessions have revealed that its a case of "hidden personality". she is not interested in marraige/family life and wants to pursue a strong career and be independent. Since she has had a previous "self mutilation" incident in life, psychiatrist is advising me to let her go or she could spiral down more into something more disastrous.
problem is, her family is not ready to accept this and they just pushing her to rethink, make it work etc. so wife doent want to go back and wants to continue to live & make career in US. Due to difficulties with getting H1 nowadays, im ok with keeping her dependent till GC comes and then think of legal seperation (divorce in india / US -whatever is needed). Since she seeks independence she is guilty to take my gc, and i think she will try her best to get herself a h1 next year. but i dont know where this will end.
after GC, if there is seperation will derivative spouse get to keep her GC? is there some standard "soaking" period during which she cannot untie the relation. ?
Pls advice.
First, I am sorry for the state of affairs. My prayers are with you and your family.
I am not a lawyer so treat my advice as based on only heresay. I am not aware of any such soaking period for a derivative spouse in an employment-based GC. I do know for a fact that such a soaking period exists when a non-US citizen gets a GC by marrying a US citizen...you have to show matrimonial ties, bank accounts, etc for two years or so to prove that the marriage is not only for green card.
In any case, you should get others' opinions as well, but finally make a decision based on what a qualified attorney says.
On a personal note, realize that it could take several years to get a GC, so the decision to stay together just for a GC should be made with a sound mind. You want to do whatever is best for the two of you.
Goodluck!
Thanks,
Jayant
more...
shortchanged
08-19 11:37 AM
I am not sure if this would work... I read when I made an infopass appointment that they will ask for proof of residence in the area of the service center.
I have taken infopass in NY state eventhough I reside in PA.you put in different ZIP code, thats all.Here you have added explanation that no info pass is available in your area anyway.
And it has nothing to do with your file in that local office either.It is definitely worth taking a chance, to get your I-551 stamp in an emergency
I have taken infopass in NY state eventhough I reside in PA.you put in different ZIP code, thats all.Here you have added explanation that no info pass is available in your area anyway.
And it has nothing to do with your file in that local office either.It is definitely worth taking a chance, to get your I-551 stamp in an emergency
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javadeveloper
08-07 04:27 PM
Can you suggest how is Porting done if I-485 are already filed under EB-3. Do you have to file another set of I-485s. Or you just need new Labor & I-140 ?
You have to go through whole process (Labor,I-40,485) again under Eb2.But when you apply for I-140 company sends a letter to USCIS to use the Old(EB3) PD instead of new PD(Eb2).
But few things are not clear like
What happens to Eb3's I-140 and 485 if for some reason Eb2's I-140 and 485 gets rejected.Will USCIS processes Eb3's 485 and Eb2's 485 in parallel or they'll cancel Eb3's 140 and 485?If they cancel exactly at what they cancel?
You have to go through whole process (Labor,I-40,485) again under Eb2.But when you apply for I-140 company sends a letter to USCIS to use the Old(EB3) PD instead of new PD(Eb2).
But few things are not clear like
What happens to Eb3's I-140 and 485 if for some reason Eb2's I-140 and 485 gets rejected.Will USCIS processes Eb3's 485 and Eb2's 485 in parallel or they'll cancel Eb3's 140 and 485?If they cancel exactly at what they cancel?
more...
thomachan72
03-26 04:53 PM
Thanks for the reply. Will you please explain where it all going? and 10 years for AU GC process? are you serious? Hope USCIS doesn't know about this or we are toast telling them 5 years is way too much for a US GC!
I guess nobody is really answering your question / giving more information, right? This thought about australian immigration seems interesting. Is it done through lawyers or is it direct as canadian?
I guess nobody is really answering your question / giving more information, right? This thought about australian immigration seems interesting. Is it done through lawyers or is it direct as canadian?
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logiclife
02-07 06:51 PM
It was approved by house on Feb 1 but the version that was approved was finalized in the conference committee between Senate and House. It was at this time that pro-immigration sections were dropped. This happened on Dec 21.
After that the finalized version(the one which screwed us) went back to house and senate floor again for full vote.
It just happens that the vote was held on Feb 1 in the House. Its the same thing but a different stage of the legislative process for the Budget Recon bill.
FAIR and NUMBERSUSA have gone crazy with this and are reporting the same thing again at every stage of legislative process. They will also report the same thing as "News" when president signs this bill.
they will also report this separetely when a photocopy of this bill is made. It will seem that we got screwed again. Maybe they will laminate pages of this bill and put it in a binder and dance around it in circles. It still means the same thing.
By reporting the same thing again and again, they hope to gain more publicity and traction.
After that the finalized version(the one which screwed us) went back to house and senate floor again for full vote.
It just happens that the vote was held on Feb 1 in the House. Its the same thing but a different stage of the legislative process for the Budget Recon bill.
FAIR and NUMBERSUSA have gone crazy with this and are reporting the same thing again at every stage of legislative process. They will also report the same thing as "News" when president signs this bill.
they will also report this separetely when a photocopy of this bill is made. It will seem that we got screwed again. Maybe they will laminate pages of this bill and put it in a binder and dance around it in circles. It still means the same thing.
By reporting the same thing again and again, they hope to gain more publicity and traction.
more...
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akhilmahajan
10-21 11:37 AM
Folks, MI Chapter had their first meet and it was a big success.
What about us, can we all work together to get our state chapter going?
Come on New England folks lets show Energy and Enthusiasm.
You will be helping yourself, your family. Its all for you.
Think over it.
GO IV GO.
TOGETHER WE CAN.
What about us, can we all work together to get our state chapter going?
Come on New England folks lets show Energy and Enthusiasm.
You will be helping yourself, your family. Its all for you.
Think over it.
GO IV GO.
TOGETHER WE CAN.
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polapragada
09-09 11:41 PM
You have spent a lot of your valuable time in this analysis and I personally think that all this analysis by you or any other person will hold good only if USCIS follows set of rules.
Exactly that is what my last case;);)
Exactly that is what my last case;);)
more...
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injrav
10-14 09:10 AM
Dont trust any company if they say they will start GC processing after 6 months or one year.I know which company you r talking about.Name starts with 'C'. I suggest to stick with current company until you get EAD
He is 100% right
C company bluffed all most 5 of my friends.. All were worked as consultants in a reputed Boston based mutual fund company.. Then C entered as offshore partner and then pulled few consultants [who were with client] by promising G filing after one year that too on EB2..Then all of sudden [i.e. after one year] they said, you need higher amount salary to file Eb2 so we will file only one Eb3. Friends even ready for eb3,, but they keep on delayed by telling silly reasons [manager on leave,, temporary self moritorium to file GC as new england region not performing well,, some time even Resume is not good etc]..
The above information is from my friends 100% genuine.. I was with them all most 3 1/2 years.. They are crying a lot
He is 100% right
C company bluffed all most 5 of my friends.. All were worked as consultants in a reputed Boston based mutual fund company.. Then C entered as offshore partner and then pulled few consultants [who were with client] by promising G filing after one year that too on EB2..Then all of sudden [i.e. after one year] they said, you need higher amount salary to file Eb2 so we will file only one Eb3. Friends even ready for eb3,, but they keep on delayed by telling silly reasons [manager on leave,, temporary self moritorium to file GC as new england region not performing well,, some time even Resume is not good etc]..
The above information is from my friends 100% genuine.. I was with them all most 3 1/2 years.. They are crying a lot
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vb_2009
03-11 03:04 PM
Herns , Did you efile your ead ?
Thanks
Thanks
more...
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milind70
03-12 04:09 AM
I applied for renewal last Oct 2008 and never got a fingerprint renewal notice. My new card arrived January 2009 for 2 years.
did you apply online ,if you did then in all probablity you should get biometrics but if you applied or paper filed it then you would not get biometrics.
did you apply online ,if you did then in all probablity you should get biometrics but if you applied or paper filed it then you would not get biometrics.
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natrajs
04-15 11:27 AM
Hi guys,
If you want mre data on whats going on, I finally got my welcome notice today. My PD is July 24- 2003 EB2 category.
Good luck for everyone is fighting for GC. Everybody's day will come.
Thanks
Congrats and Best wishes, It is good to see the old timers getting their GC now
If you want mre data on whats going on, I finally got my welcome notice today. My PD is July 24- 2003 EB2 category.
Good luck for everyone is fighting for GC. Everybody's day will come.
Thanks
Congrats and Best wishes, It is good to see the old timers getting their GC now
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redgreen
12-15 12:29 PM
If you paid fee (to whom?) without any reason that is fine with all of us but don't confuse others by telling as if it is the law. It is clearly written both in the EAD and AP renewal instructions (from USCIS) that you do not have to pay any fee if you have applied I-485 under the new fee structure. Actually it is better to read the instructions first before getting confused by all these 'expert opinions' in this or other websites.
I have filed my I-485 in December 2007 with new fees $ 1010 and it is still pending even though my priority dates are all the time current since I filed the I-485.....I just applied for I-131 and I-765 for rennewal with $305 and $340....It was free for only first time then all have to pay for renewal.
Hope this answer your question.
I have filed my I-485 in December 2007 with new fees $ 1010 and it is still pending even though my priority dates are all the time current since I filed the I-485.....I just applied for I-131 and I-765 for rennewal with $305 and $340....It was free for only first time then all have to pay for renewal.
Hope this answer your question.
americandesi
10-19 12:54 PM
One of my friend did the same thing, He left his original employer after 180 days but never invoked AC21, got his GC in August 2007.
By the way regarding your friend, which category he was in EB3 or EB2?
He was on EB2.
After doing some research on this topic here's what I found out. In such cases, USCIS assumes that you never changed jobs and approves I-485.
Later during naturalization, USCIS checks how long you worked for the petitioning employer AFTER GC approval. If your employment history shows that you neither worked for the petitioning employer after GC approval nor invoked AC21, then you might end up in trouble.
If I were in my friends position, I would have joined the previous employer AFTER GC approval and work with him for at least 6 months before moving out.
By the way regarding your friend, which category he was in EB3 or EB2?
He was on EB2.
After doing some research on this topic here's what I found out. In such cases, USCIS assumes that you never changed jobs and approves I-485.
Later during naturalization, USCIS checks how long you worked for the petitioning employer AFTER GC approval. If your employment history shows that you neither worked for the petitioning employer after GC approval nor invoked AC21, then you might end up in trouble.
If I were in my friends position, I would have joined the previous employer AFTER GC approval and work with him for at least 6 months before moving out.
a_paradkar
08-29 10:09 AM
Does this mean that TSC will now process those application which were accepted before June 07 ?
Andy
Andy
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