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  • sidbee
    01-14 08:42 PM
    `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.



    This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......


    I think its only 1 time amnesty to all aliens who were present 5 years from date of enactment of this law, if it becomes a law.





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  • WithoutGCAmigo
    06-18 12:48 PM
    Any reference for what you wrote.

    THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments





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  • Lasantha
    08-22 02:21 PM
    My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...

    Does anyone know what the legislation is?

    I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.





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  • reddymjm
    01-21 02:43 PM
    Only way is Visa # recapture or USCIS Start interpreting the overflow rules as it was before 2007 or come up with some thing new to share between EB2/3.



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  • nc14
    04-16 07:44 AM
    The request by a fellow boarder to lower the contribution to $10 month is just so unfortuante. This tells us how badly we want our GC's. You are right Janak, even I am not sure whether to laugh or cry when something like this comes across.

    But CanadianIndian I give you credit for bringing this thing out as I am sure there are many more who would be thinking of that magical number or may be even less (God, still bless IV)

    ............................................
    $60 + $20 recurring





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  • rockstart
    03-19 02:43 PM
    As per my understanding there is nothing much USCIS can do in terms of creating laws since that is what only Congress can do. Only thing that CIS can do is efficiently use the 140K visa numbers allocated. So the only issue for backlogged folks is how CIS uses the spill over numbers. Till 2007 these visa numbers went to EB3 but we still see that Eb3 is struck in 2001 levels. Where as just one year of giving it to EB2 moved them to 2006 and then brought back to 2004 levels. I feel the only help of EB3 is recapture of visa # or removal of country limits anything else will fall short of any help needed.



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  • praveenat11
    10-24 01:27 PM
    hi guys,
    The PD current for EB1 in the month of Oct.
    I have filed my I-140,I-485 on Oct10 2007 in the category of EB1.
    But until now i did not receive any confirmation notice..
    Can anyone say what should i do now or have to wait for some more weeks?

    Thanks in advance...





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  • poorslumdog
    03-17 10:43 PM
    I am glad that some EB2 guys can empathise with us....EB3(I) is completely hopeless....but I doubt if IV will take this up...even a small admin fix like applying the spillover to EB3 this year...that will take away some stress on the EB3(I) pipeline....

    No matter whether you are in EB2 or EB3, if you lose job then you are going back to stone age. So we are all in the same boat. The only hope is to fix the leak.



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  • himu73
    11-08 01:09 PM
    Why do you think Diwali is only for Indians ? It has been recognized by US as a national festival just last week. It okay to deviate from norm sometimes. We will make sure there are wishes given for each festival. Festivals are meant to showcase culture and bring people together.

    Happy Eid, Happy christmas ,Happy Hanukah in Advance.
    We know we are working together for a cause. Stop the negative energy and increase postiive energy with the Festival of lights.

    Happy diwali to all (Not just Indians )

    msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.





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  • chandru118
    09-10 03:12 PM
    When I checked the status of my FOIA request in the USCIS website, it says that it was processed on Aug 30th. But I have not received anything in the mail. How long does it take from processed date to get info in the mail? Can anyone share their experience?



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  • sk.aggarwal
    02-02 09:37 AM
    A# is assigned during I-140 approval process. Unless you get an approved I-140 from your employer it is difficult to get the A#. BTW, I didnt knew my A# so I just left that field blank and sent I-140 Tracking number instead.





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  • gunsnkars
    07-18 04:25 PM
    what kind of attitude is this. If he/she is eligible to apply they should apply.


    Sorry!If it was rude!!No offence meant...Me thinks it is more of a pain than gain!!Like what if your 485 gets approved b4 u file for your spouse's...There are still solutions as much as problems!!It would only benefit guys who are desperate for EAD but then again if you have your I-140 cleard and with serious retrogressions expected you could still get 3 year H1B extensions!!!



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  • EndlessWait
    02-24 09:22 PM
    You mean to say sell US real estate for GC/citizenship? I don't see this going very far. I can see anti immigrants waiting for this one. Best is to lobby using aides of big corporations, developing relationship with lobbyists who already have connections, hiring lawyers, developing strong case, donations in election campaigns etc. All of this needs loads and loads of money. Are we ready to donate to IV and build strong lobbying group for our cause? That is the only way to change our current situation.

    Sending flowers, sending pizzas, sending all these proposals will only fall on deaf ears. Congress understands language of money to pass laws, Rest of the country/orgranizations understand language of laws/court.

    For those who think assisting US economy by buy houses (for pending GC applicants) is like selling a GC are just plain dumb! No wonder why we dont have a resolution to the 10 yr waiting that's been killing EB immigrants, is because ppl like you, who love to take pain want others to live through this for the lifetime.

    People have been waiting for 10+ years here waiting to get GC, waiting patiently, waiting so patiently that we are getting mentally sick waiting and waiting. How do u think the quota system is ..its not fair in the first place for EB immigrants when we are already here on H/L visas... . So dude pls stop ur bull shit and dont discourage by coming up with ridiculous statements "You mean to say sell US real estate for GC/citizenship?"

    We the prospective, EB immigrants want to settle here. Its more than a home here already if you are living and paying taxes for 10+ years.. We just want to buy a house and a permanent visa status is only going to help. Its a win-win situation for both sides....
    We are not looking them to sell GC for houses to ppl who are residing outside. This is a relief mechanism for ppl who are waiting and waiting and just plain waiting here in the EB queue!

    Ok.. now go and think..do u enjoy pain or want to do anything about it!

    I would strongly urge IV to take this and would be willing help and have a dialogue with any state/congress representative they want me to.... How do u think it wont' fly. US govt is spending and bailing out trillions of dollars to help cure this cause. If we buy houses, it is only going to help the cause. Most of us have good credit score and can afford to buy houses, this will only help the very thing that the govt. is trying to stabilize.

    I'm surprised, how come IV is not aggressively pursuing this. What better way to help everyone here. If they want to address the fundamental issues they certainly can, but this the immediate focus and like quota recapture, will provide immediate relief to decades long wait for applicants!

    So pls stop disparaging the effort. Its a good cause for both sides.
    We want to be a permanent resident and contribute to US economy. So help us god!





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  • eb3retro
    11-14 11:09 PM
    Lately i see a lot of new members coming up in the forum, with lots of questions about their problems that they are facing. And lots of good hearted IV members also give their diligent answers for them. One hand I am glad IV is getting new members, on the other hand i am wondering where were these members all these days.

    Please don't get me wrong, As much as I like new members joining in the forum to get answers for their questions, I also would expect them to take part in any the activities or initiatives that IV is undertaking. Therefore I urge, every new member to volunteer in the IV activities and be an active member of IV and be a participating member, so that IV helps you and you help IV. Having said that, new members, WELCOME TO IV, post your questions and I am sure you will get good answers from many good hearts in IV.



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  • waitingnwaiting
    05-31 08:23 AM
    Mr. SENSENBRENNER (for himself and Mr. POLIS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

    A BILL

    To provide relief for the shortage of nurses in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Emergency Nursing Supply Relief Act’.

    SEC. 2. NURSING SHORTAGE RELIEF.

    (a) Increasing Visa Numbers- Section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended by adding at the end the following:

    ‘(e) Visa Shortage Relief for Nurses-

    ‘(1) IN GENERAL- Subject to paragraph (2), for petitions filed any time prior to September 30, 2014, for employment-based immigrants (and their family members accompanying or following to join under section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))), which are or have been approved based on Schedule A, Group I as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor, the numerical limitations set forth in sections 201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) shall not apply.

    ‘(2) LIMITATION ON NUMBER OF VISAS- The Secretary of State may not issue more than 20,000 immigrant visa numbers in any one fiscal year (plus any available visa numbers under this paragraph not used during the preceding fiscal year) to principal beneficiaries of petitions pursuant to paragraph (1).

    ‘(3) EXPEDITED REVIEW- The Secretary of Homeland Security shall provide a process for reviewing and acting upon petitions with respect to immigrants described in paragraph (1) not later than 30 days after the date on which a completed petition has been filed.

    ‘(f) Fee for Use of Visas Under Subsection (a)-

    ‘(1) IN GENERAL- The Secretary of Homeland Security shall impose a fee upon each petitioning employer who uses a visa provided under subsection (e) to provide employment for an alien as a professional nurse, except that--

    ‘(A) such fee shall be in the amount of $1,500 for each such alien nurse (but not for dependents accompanying or following to join who are not professional nurses); and

    ‘(B) no fee shall be imposed for the use of such visas if the employer demonstrates to the Secretary that--

    ‘(i) the employer is a health care facility that is located in a county or parish that received individual and public assistance pursuant to Major Disaster Declaration number 1603 or 1607; or

    ‘(ii) the employer is a health care facility that has been designated as a Health Professional Shortage Area facility by the Secretary of Health and Human Services as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e).

    ‘(2) FEE COLLECTION- A fee imposed by the Secretary of Homeland Security pursuant to paragraph (1) shall be collected by the Secretary as a condition of approval of an application for adjustment of status by the beneficiary of a petition or by the Secretary of State as a condition of issuance of a visa to such beneficiary.’.

    (b) Capitation Grants To Increase the Number of Nursing Faculty and Students; Domestic Nursing Enhancement Account- Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following:

    ‘SEC. 832. CAPITATION GRANTS.

    ‘(a) In General- For the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section.

    ‘(b) Purpose- A funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students.

    ‘(c) Grant Computation-

    ‘(1) AMOUNT PER STUDENT- Subject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following:

    ‘(A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program in nursing that--

    ‘(i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and

    ‘(ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area.

    ‘(B) $1,405 for each full-time or part-time student who--

    ‘(i) is enrolled at the school in a program in nursing leading to a bachelor of science degree, a bachelor of nursing degree, a graduate degree in nursing if such program does not meet the requirements of subparagraph (A), or an equivalent degree; and

    ‘(ii) has not more than 3 years of academic credits remaining in the program.

    ‘(C) $966 for each full-time or part-time student who is enrolled at the school in a program in nursing leading to an associate degree in nursing or an equivalent degree.

    ‘(2) LIMITATION- In calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student--

    ‘(A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a master’s degree or an equivalent degree;

    ‘(B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a doctoral degree or an equivalent degree;

    ‘(C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or

    ‘(D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C).

    ‘(d) Eligibility- In this section, the term ‘eligible school of nursing’ means a school of nursing that--

    ‘(1) is accredited by a nursing accrediting agency recognized by the Secretary of Education;

    ‘(2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 academic years preceding submission of the grant application; and

    ‘(3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 academic years preceding submission of the grant application.

    ‘(e) Requirements- The Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each academic year for which the grant is awarded, the school will comply with the following:

    ‘(1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent.

    ‘(2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent.

    ‘(3)(A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding academic year by 5 percent or 5 students, whichever is greater.

    ‘(B) Subparagraph (A) shall not apply to the first academic year for which a school receives a grant under this section.

    ‘(C) With respect to any academic year, the Secretary may waive application of subparagraph (A) if--

    ‘(i) the physical facilities at the school involved limit the school from enrolling additional students; or

    ‘(ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding academic years.

    ‘(4) Not later than 1 year after receiving a grant under this section, the school will formulate and implement a plan to accomplish at least 2 of the following:

    ‘(A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months.

    ‘(B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology.





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  • makemygc
    07-06 10:42 AM
    >> The members of the class will have to compete each other for the numbers

    The question that comes up - is this fair?

    ______________________
    Not a legal advice.

    It's not fair. Closing the door on July 2nd itself is not fair but then what is fair in life.



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  • coopheal
    10-07 11:18 AM
    Could be -ve too .We will all be surprised if we see a +ve movement.

    We have been watching VBs ever since Jan 2005 when priority dates were added.
    . 1/1/2005 10/1/2008
    ------------------------------------
    All - C 1/1/2005
    CH - 1/1/2002 10/1/2001
    IN - 1/1/2002 7/1/2001
    ME - C 7/1/2002
    PH - 1/1/2002 1/1/2005

    ROW has shown some progress, but CH, IN, ME is behind what was in 2005. Thats almost 4 years after re-introduction of priority dates.

    We need a solution now.





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  • sanju
    01-22 12:10 AM
    My PD and category is correct. I'll correct everything else.

    Thanks xyzgc, maybe we can team up to request others to add correct data. It will help us all. What say?


    .





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  • Sivu
    07-21 05:25 AM
    EB3 PD Sep 2006.
    Filed AOS on 2nd July 07.
    Checked with USCIS and 'm told that my application is not yet in the system.:confused:





    reddymjm
    01-22 10:53 AM
    This Tracker facility we have in IV is good. Kudos to the Admin team who implemented this thing.

    These are my observations. I could be grossly mistaken. Pardon me if I am wrong.

    There are approximately 26,000 people who have put in their priority dates and other such data in the tracker. When I compared similar cases, I got some 265 who were EB3 India with a priority date in 2002. That is approximately 1 %, give or take.

    Here I have ignored EB3 India 2001 guys. But that number would be very less I believe.

    1% of 400k is 4000 which is what USCIS issues GC for EB3 India in a year.

    Does that mean I could get my GC this year.

    Hope these numbers are right.

    http://immigrationvoice.org/forum/showpost.php?p=303153&postcount=16





    GCwaitforever
    10-17 05:07 PM
    maybe some day in the not too distant future, when the days of bonded H-1b labor end, a person who has lost time and passed up opportunites can actually go to a court and sue DOL and USCIS for damages and opportunity costs.

    Not only the opportunity costs, there are real costs also. My salary is frozen because I reached highest possible in my current role. Till I get the Greencard, I will be loosing real money.



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