vxg
08-03 03:26 PM
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
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ashkam
06-30 11:00 PM
Thank you guys,
Even if it's EB3? Eb3 requires only Bachelor, without any experinece, am I wrong?
Only Eb2+ 5 years of progressive work experience requires all the employment letters throughtout the 5 years. Am I accurate?
Thank you again for your help.
Depends on what your company gave as the qualifications for the position. In my case it was EB3 bachelors + 2 years work experience so I had to give experience letters.
Even if it's EB3? Eb3 requires only Bachelor, without any experinece, am I wrong?
Only Eb2+ 5 years of progressive work experience requires all the employment letters throughtout the 5 years. Am I accurate?
Thank you again for your help.
Depends on what your company gave as the qualifications for the position. In my case it was EB3 bachelors + 2 years work experience so I had to give experience letters.
johnggberg
07-18 04:00 PM
dude you dont get this kind of oppertunities again and again, do a register marriage and get her on h4 and apply for 3rd stage
dont miss this oppertunity
dont miss this oppertunity
2011 cute girls wallpaper desktop.
belmontboy
03-15 09:56 PM
Thank you for all quick replies.
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
When the VO asks, you would be pretty much justifying why you are "not inadmissible"
Just write down the facts that support your case, and have documents ready (like court disposition, may be a written statement from immigration criminal attorney that your conviction doesnot render you inadmissible).
While i don't know whether you did intentionally, but certain silly things like this can change somebody's life forever. I hope other wouldbe immigrants learn lesson without actually having to go through this personally.
While i have no vested interests, but money to immigration attorney is worth for such things.
Good luck
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
When the VO asks, you would be pretty much justifying why you are "not inadmissible"
Just write down the facts that support your case, and have documents ready (like court disposition, may be a written statement from immigration criminal attorney that your conviction doesnot render you inadmissible).
While i don't know whether you did intentionally, but certain silly things like this can change somebody's life forever. I hope other wouldbe immigrants learn lesson without actually having to go through this personally.
While i have no vested interests, but money to immigration attorney is worth for such things.
Good luck
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digital2k
07-16 11:12 PM
:)
ganguteli
02-25 09:34 AM
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.
gcnotfiledyet is a LAWYER in disguise.
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.
gcnotfiledyet is a LAWYER in disguise.
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pappu
10-11 09:51 AM
I have posted the article from the economist.
It is a great resource for anyone doing research or writing article on immigration.
http://immigrationvoice.org/forum/showthread.php?p=28073#post28073
thanks gg_ny for bringing it to my attention.
Pls post any discussion and related materials here.
Pls also mail the econmoist about IV and our cause so that they can print our letters in the next issue.
The address is
http://www.economist.com/help/DisplayHelp.cfm?folder=663392
================
Here is another article in 'science'
http://immigrationvoice.org/forum/showthread.php?p=28077#post28077
pls send mails to the editor from
http://www.sciencemag.org/cgi/feedback
====
As you can see from the Science article how difficult it will be to pass anything in the lameduck session. IV cannot do it alone without the help of all its members. Pls send mails to the editors of these magazines highlighting our issues and mentioning IV.
Pls post a confirmation on this thread that you have emailed the editor so that we know how many people sent emails. We need more participation from our members on such tasks in order to highlight our issues in the media. We find a lot of people posting messages about what we ought to be doing on the forum but only a handful actually do when we urge members to do. Any efforts to get attention from media to highlight our isues will be highly appreciated.
It is a great resource for anyone doing research or writing article on immigration.
http://immigrationvoice.org/forum/showthread.php?p=28073#post28073
thanks gg_ny for bringing it to my attention.
Pls post any discussion and related materials here.
Pls also mail the econmoist about IV and our cause so that they can print our letters in the next issue.
The address is
http://www.economist.com/help/DisplayHelp.cfm?folder=663392
================
Here is another article in 'science'
http://immigrationvoice.org/forum/showthread.php?p=28077#post28077
pls send mails to the editor from
http://www.sciencemag.org/cgi/feedback
====
As you can see from the Science article how difficult it will be to pass anything in the lameduck session. IV cannot do it alone without the help of all its members. Pls send mails to the editors of these magazines highlighting our issues and mentioning IV.
Pls post a confirmation on this thread that you have emailed the editor so that we know how many people sent emails. We need more participation from our members on such tasks in order to highlight our issues in the media. We find a lot of people posting messages about what we ought to be doing on the forum but only a handful actually do when we urge members to do. Any efforts to get attention from media to highlight our isues will be highly appreciated.
2010 Screenshots Cute wallpapers:
nviren
02-16 04:48 PM
Hi,
Good work guys.
My contribution of $100 by paper check went out today.
Weeks turned into months, months into years passively looking out to get GC thinking that you being an honest individual, contributor to the industry and economy and society here, you will get it soon.
Then comes the bombshell of retrogression telling you to stick to your same job, employer and salary not for 2-3 years but something like 5-6 or more years, while away your most productive years of life waiting for GC uncertain and unable to get on with your normal life, unable to make major decisions of life.
A flicker of hope was raised by the senate bill in dec 2005 that the wait will come to an end. But just so little of political support, lot of apathy and ignorance, and determined opposition by well funded anti-immigration lobbies killed that hope.
Now one realises you are up against a solid, a very solid challenge. Only a focussed and organised action can overcome this challenge.
The momentum of individual activity during nov-dec 2005 was very good. It will be needed again. But that activity alone did not get us the results. What is needed here is an organised and focussed efforts by committed people backed by good funding. That's the way America works.
And this is what I see Immigration Voice doing. And it will need more members, money contribution and activism by the aspirants.
Hence guys, contribute and spread the word. dig out your address books, send the mails, call your friends, colleagues and request them to join the effort.
Few things I would like to mention:
The immigration issue has gathered a good steam in US politics. Something will surely get done by the congress about the whole immigartion issue soon. Our issue is one part of it. If we miss this bus, this topic of immigration is not going to get hot for many more years.
We are also up against formidable anti-immigration forces which conveniently mixes legal immigartion with illegal one.
We are also up against a lot of ignorance and apathy on the part of politicians about legal immigration.
The lobbying by corporates is our ally in this effort. They are one of the affected party because of retrogression.
Few pro-legal-immigration members of congress are our allies in this effort.
On the whole we, as a legal immigrant community, has good deal of work to do in a very short time in a do or die situation.
Hence join Immigration Voice, contribute and give a call for action to your friends.
I did that during the senate bill period. I will be doing it again.
Thanks,
Viren
Good work guys.
My contribution of $100 by paper check went out today.
Weeks turned into months, months into years passively looking out to get GC thinking that you being an honest individual, contributor to the industry and economy and society here, you will get it soon.
Then comes the bombshell of retrogression telling you to stick to your same job, employer and salary not for 2-3 years but something like 5-6 or more years, while away your most productive years of life waiting for GC uncertain and unable to get on with your normal life, unable to make major decisions of life.
A flicker of hope was raised by the senate bill in dec 2005 that the wait will come to an end. But just so little of political support, lot of apathy and ignorance, and determined opposition by well funded anti-immigration lobbies killed that hope.
Now one realises you are up against a solid, a very solid challenge. Only a focussed and organised action can overcome this challenge.
The momentum of individual activity during nov-dec 2005 was very good. It will be needed again. But that activity alone did not get us the results. What is needed here is an organised and focussed efforts by committed people backed by good funding. That's the way America works.
And this is what I see Immigration Voice doing. And it will need more members, money contribution and activism by the aspirants.
Hence guys, contribute and spread the word. dig out your address books, send the mails, call your friends, colleagues and request them to join the effort.
Few things I would like to mention:
The immigration issue has gathered a good steam in US politics. Something will surely get done by the congress about the whole immigartion issue soon. Our issue is one part of it. If we miss this bus, this topic of immigration is not going to get hot for many more years.
We are also up against formidable anti-immigration forces which conveniently mixes legal immigartion with illegal one.
We are also up against a lot of ignorance and apathy on the part of politicians about legal immigration.
The lobbying by corporates is our ally in this effort. They are one of the affected party because of retrogression.
Few pro-legal-immigration members of congress are our allies in this effort.
On the whole we, as a legal immigrant community, has good deal of work to do in a very short time in a do or die situation.
Hence join Immigration Voice, contribute and give a call for action to your friends.
I did that during the senate bill period. I will be doing it again.
Thanks,
Viren
more...
ItIsNotFunny
10-03 01:53 PM
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
hair Screenshots Cute wallpapers:
gclabor07
10-01 11:32 AM
I've the same question. It sounds pretty stupid that Indian government allows you to have Indian passport if you register the child within one year. Looks like the child has no say in the process. Also, once the child gets Indian passport, can she revert back to US citizenship and hold US passport by renouncing Indian passport? Or do she need to wait 18 years? Once the child holds Indian passport, then does she need to get US visa stamp to enter US? Also, can the child hold both US and Indian passport?
well said my friend and i agree with you completely. although, i grappled with this issue when we had a baby.......the question where i got stumped was - if i got Indian Citizenship for my child (born in US), what would be the child's legal status here? and, also if we were traveling outside the country - how would the child reenter US?
well said my friend and i agree with you completely. although, i grappled with this issue when we had a baby.......the question where i got stumped was - if i got Indian Citizenship for my child (born in US), what would be the child's legal status here? and, also if we were traveling outside the country - how would the child reenter US?
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garybanz
12-07 08:09 AM
I have already waited 90 days, my RD is July 02, ND is July 27.
Then IMHO you should give USCIS a visit.
Then IMHO you should give USCIS a visit.
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sathweb
07-06 12:02 PM
Counterproductive? what are you talking about. If they want they can approve 25000 cases in one day. It is nothing to do with productivity. Its all plain politics.
I would let my application rot in USCIS hell than not applying. Regardless of what AILA says, I believe the verdict is going to be for all who is affected.
If they let us apply I-485 , we get EAD, hence the ability to change the employer after 6 months. Lot of us who work for Desi companies needs this.
I believe any efforts to make USICIS accept all applications can be couter productive. You can have some people getting stuck for sure for many years before they get their green cards. also since new fees kick in on July 30th, you will have to pay for the EAD,AP.
The law-suit can benefit only a few of us, so why is IV behind this.
Can the core members comment on this.
I tihnk all these efforts do not define a common cause right now.
I would let my application rot in USCIS hell than not applying. Regardless of what AILA says, I believe the verdict is going to be for all who is affected.
If they let us apply I-485 , we get EAD, hence the ability to change the employer after 6 months. Lot of us who work for Desi companies needs this.
I believe any efforts to make USICIS accept all applications can be couter productive. You can have some people getting stuck for sure for many years before they get their green cards. also since new fees kick in on July 30th, you will have to pay for the EAD,AP.
The law-suit can benefit only a few of us, so why is IV behind this.
Can the core members comment on this.
I tihnk all these efforts do not define a common cause right now.
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alterego
10-10 04:54 PM
The only positive thing I can take from this visa bulletin (assuming there is even a modicum of linear thought possible on the movement of dates) is that the 485 traffic for PDs between 2002 July and Jan 2003 is fairly light for EB2 India. After all they stated as much in their footnotes about anticipated movement of PDs. This can be construed as offering some hope for those from EB2 India with priority dates in early 2003 (say up to march). After all anyone in their right mind would not chance CP now with the fluidity of priority dates and the pending BEC deluge of cases, and the hordes of people hunting labour subs. etc. Basically if anyone gets the chance to file 485 they will do it lest the dates retrogress again while they are waiting for the consular interview.
So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.
Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.
So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.
Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.
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grupak
09-23 10:39 AM
Call! Lets do what we can.
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luckysiri
04-14 09:03 PM
Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
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gdhiren
07-06 02:34 PM
Are they even filing a lawsuit ?? If they are SO READY, where is the big press release saying USCIS SUED !!!!!!! :cool:
Again have faith. Everything needs planning, they are a non-profit organization working for our cause, at least this time. First they need people to come forward and give the details, also they want to give us enough time so we can be ready with our case. Most important question here is, are we doing our part? there are many things we could do to help them and ourselves.
Again have faith. Everything needs planning, they are a non-profit organization working for our cause, at least this time. First they need people to come forward and give the details, also they want to give us enough time so we can be ready with our case. Most important question here is, are we doing our part? there are many things we could do to help them and ourselves.
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jsb
03-19 02:09 PM
[QUOTE=sri1309;...Isnt it a shame that a greencard holder cannot get his wife immediately wheras H1s and others can. They have to be told very loudly... .[/QUOTE]
This favours temporary workers on H1, L1 etc. An H1/L1 spouse can move to the US easily, but not that of a GC holder. If you want to bring out this "discrimination", that would mean to discontinue H4 visas, as seeminlgly it is a discrimination against a GC holder. Is that you are looking for?
This favours temporary workers on H1, L1 etc. An H1/L1 spouse can move to the US easily, but not that of a GC holder. If you want to bring out this "discrimination", that would mean to discontinue H4 visas, as seeminlgly it is a discrimination against a GC holder. Is that you are looking for?
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vivid_bharti
07-02 10:34 AM
I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.
Besides this it needs a law change.
Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.
Besides this it needs a law change.
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saileshdude
07-04 05:43 PM
You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
I am in the same boat and my employer has decided that they will revoke I-140 no matter what. Can you tell me how did you find out that your employer revoked your I-140. Maybe he/they did not. But my firm is really big and they go by the rules. So I just want to know whenever employer sends the revocation, does USCIS always revoke or it is upto their discretion whether or not to revoke. Problem is I do not have a job yet so I cannot even file for AC21.
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
I am in the same boat and my employer has decided that they will revoke I-140 no matter what. Can you tell me how did you find out that your employer revoked your I-140. Maybe he/they did not. But my firm is really big and they go by the rules. So I just want to know whenever employer sends the revocation, does USCIS always revoke or it is upto their discretion whether or not to revoke. Problem is I do not have a job yet so I cannot even file for AC21.
Norristown
11-29 07:15 PM
I have a different situation.
My EAD was sent back to USCIS beacuse they forgot to include apt#.
I called USCIS and they rectified the error told me that they will resend it again.
I have got the I765 receipt but not EAD card.
I called them again, they sent me letter saying that they will consider this case as lost in mail beacuse they did not get the returned EAD from poast office.
USCIS sent me a letter asking me to apply again.
DO I need to pay fee for that? It was mistake from USCIS side they have address wrong!
Does any body know what to do?
My EAD was sent back to USCIS beacuse they forgot to include apt#.
I called USCIS and they rectified the error told me that they will resend it again.
I have got the I765 receipt but not EAD card.
I called them again, they sent me letter saying that they will consider this case as lost in mail beacuse they did not get the returned EAD from poast office.
USCIS sent me a letter asking me to apply again.
DO I need to pay fee for that? It was mistake from USCIS side they have address wrong!
Does any body know what to do?
jazzy2
05-18 12:35 PM
hi sanju and others
is this true?
Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131
the reason i'm asking is this: when i applied my PD is current. how can 485/ead/ap not be processed, when i know that the date i applied it was current, though it retrogressed after i applied?
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
is this true?
Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131
the reason i'm asking is this: when i applied my PD is current. how can 485/ead/ap not be processed, when i know that the date i applied it was current, though it retrogressed after i applied?
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
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