desi485
12-03 01:28 PM
There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
Looks like the header of that thread is misleading...though its a good news for those suffering because CIS error, it can mislead some IV visitors that issue is over. Unfortunately this is not the case, though it is some what relief to know that MTR are successful. However in first place, an applicant should not have to go through this HORROR. I wish CIS comes out and accept this error and make sure that this is not repeated again in future.
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
Looks like the header of that thread is misleading...though its a good news for those suffering because CIS error, it can mislead some IV visitors that issue is over. Unfortunately this is not the case, though it is some what relief to know that MTR are successful. However in first place, an applicant should not have to go through this HORROR. I wish CIS comes out and accept this error and make sure that this is not repeated again in future.
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yabadaba
07-11 09:19 AM
My online status shows
"On August 17, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS..........................."
My recepit date was however July 2nd 2007. Are they processing my application or they go by received date of 8/17?
can someone explain how this works?
no one knows..if u call up the cust service ppl.. they will say we received it on aug 17th..so thats the RD..we know better...but doesnt get us anywhere
"On August 17, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS..........................."
My recepit date was however July 2nd 2007. Are they processing my application or they go by received date of 8/17?
can someone explain how this works?
no one knows..if u call up the cust service ppl.. they will say we received it on aug 17th..so thats the RD..we know better...but doesnt get us anywhere
trueguy
08-04 05:14 PM
IV is you me and everybody else. We saw since morning how people are trying to scuttle the idea by giving various and weird reasonings. What is important is writing them. And telling them the gravity and urgency of the situations. words like bonded should be bolded as the truth is 'Yes' in this free American Society we have lived a 'bonded' life...
mirage, I am not trying to turn down this effort. In Fact, I have sent at least 50 letters as part of IV campaigns and I have written so many on my own. All I was saying that we need a professional letter that will have better impact. Once we have the letter ready, I will be the first one to send it out.
mirage, I am not trying to turn down this effort. In Fact, I have sent at least 50 letters as part of IV campaigns and I have written so many on my own. All I was saying that we need a professional letter that will have better impact. Once we have the letter ready, I will be the first one to send it out.
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Saburi
03-03 03:30 PM
MDix,
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.
Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.
I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.
Sorry if i was too loud and noisy.
Best Regards
Saburi
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.
Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.
I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.
Sorry if i was too loud and noisy.
Best Regards
Saburi
more...
sertasheep
07-29 08:07 PM
Dear schedule A professionals,
Please support member 'paskal' (physician) in his efforts.
Several exciting initiatives are underway on the healthcare front, and we also invite professionals from other fields(apart from healthcare). However, y'all must take up leadership and lead these efforts via IV as the platform!
The agenda should align with general objectives of IV, and we welcome professionals from fields. Please spread the word among the nursing/PT and other communities.
IV is not restricted to any one nationality alone!!(But, please restrict your conversations to English)
Please support member 'paskal' (physician) in his efforts.
Several exciting initiatives are underway on the healthcare front, and we also invite professionals from other fields(apart from healthcare). However, y'all must take up leadership and lead these efforts via IV as the platform!
The agenda should align with general objectives of IV, and we welcome professionals from fields. Please spread the word among the nursing/PT and other communities.
IV is not restricted to any one nationality alone!!(But, please restrict your conversations to English)
SDdesi
07-13 03:23 PM
In San Diego
more...
Eb3_frustrated
04-25 02:22 PM
Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
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dhesha
07-19 06:04 PM
This is really frustrating that all these pre-approved labors who applied recently in 2007 but with old PD like 2002/2003 will get the GC sooner than those who are struggling for this for years but their PDs are 2004/2005.
isn't this unfair?
isn't this unfair?
more...
Caliber
03-12 01:12 PM
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support. I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.
Dear Vin,
Thanks for your inputs. What I am suggesting is that, every one of us should volunteer for our own good. If you can spend some time, I sugggest that, you send an email to IV core offering them your time so that you can share some of their work load.
Dear Vin,
Thanks for your inputs. What I am suggesting is that, every one of us should volunteer for our own good. If you can spend some time, I sugggest that, you send an email to IV core offering them your time so that you can share some of their work load.
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laborman
04-26 12:38 PM
As per the latest update provided by the DOL to the AILA, of the 363,000 backlog cases pending 108,000 have been completed; 50,000 Certifications have been issued and 255,000 cases remain pending. The DOL further advises that they are on track to issue 45 day letters on all remaining cases by end of June 2006.
My PD is Sept 2003 and I haven't yet got my 45 - day letter. :(
My PD is Sept 2003 and I haven't yet got my 45 - day letter. :(
more...
PD_Dec2002
06-02 08:35 PM
My interpretation of:
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
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Green.Tech
06-18 02:19 PM
Please contribute for your own benefit.
more...
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Ramba
10-21 06:18 PM
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
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nursekm
10-24 12:00 AM
1) DOES THIS AMENDMENT HELP NURSES ALREADY IN THE LINE ?
2) DO THE NURSES IN LINE HAVE TO PAY $1500 TOO?
3) CAN SOMEONE PLS CLARIFY THE ATTESTATION PART?
REF : http://hammondlawgroup.blogspot.com/
2) DO THE NURSES IN LINE HAVE TO PAY $1500 TOO?
3) CAN SOMEONE PLS CLARIFY THE ATTESTATION PART?
REF : http://hammondlawgroup.blogspot.com/
more...
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Legal
06-03 09:20 AM
:rolleyes:
http://www.aila.org/content/default.aspx?docid=22481
may address this issue. Look at page 3 of this AILA post. Even AILA's interpretation is not that clear.
http://www.aila.org/content/default.aspx?docid=22481
may address this issue. Look at page 3 of this AILA post. Even AILA's interpretation is not that clear.
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forgerator
12-10 03:58 PM
this is great news for EB3 ROW!
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
more...
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asanghi
04-30 02:33 PM
Can somebody post the link please?
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
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gova123
08-02 05:27 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
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pappu
11-30 01:21 AM
Great work Jimi and the CA chapter members!
bomber
07-20 01:16 PM
I think you can also switch using your H1-B. You can still invoke Ac21 on H1-B, just that EAD makes it easier to find new employers.
moreover, you will now have to spend approx 4K on H1 renewals every year.
I can see how it will affect many people's (including mine) spouses job prospects.
Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
"an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"
or does it say
"6 months after filing 485, the employee can switch"
thanks
moreover, you will now have to spend approx 4K on H1 renewals every year.
I can see how it will affect many people's (including mine) spouses job prospects.
Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
"an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"
or does it say
"6 months after filing 485, the employee can switch"
thanks
diptam
01-14 12:35 PM
Within a week of receiving the RFE, USCIS approved my EB3 I-140. It was going beyond limit - 20 months for a process which typically takes 6-8 months !! The last 8 months was most painful - I was been played like a Ping pong ball between NSC,Ombudsman,Congressman Ed Markey's office,My lawyer, My employer and Senator John Kerry's office.
But the at the end of it i would say - Senator John kerry's office really helped. Nebraska touched my case after receiving letter from them only. Congressman Ed Markey's office tried to help and said positive things but probably they don't have that much influence to shake the "laziest of the lazy" USCIS staffs.
My company sent the RFE (dated 12/9/08) reply yesterday 1/7/09 and today they received the package. Within 2 hrs my case status changed to "RFE response received and case resumed"
Lets see how fast USCIS adjudicates now. Just thought of sharing this milestone of my 20 month old I-140 Journey.
But the at the end of it i would say - Senator John kerry's office really helped. Nebraska touched my case after receiving letter from them only. Congressman Ed Markey's office tried to help and said positive things but probably they don't have that much influence to shake the "laziest of the lazy" USCIS staffs.
My company sent the RFE (dated 12/9/08) reply yesterday 1/7/09 and today they received the package. Within 2 hrs my case status changed to "RFE response received and case resumed"
Lets see how fast USCIS adjudicates now. Just thought of sharing this milestone of my 20 month old I-140 Journey.
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