prolegalimmi
03-27 08:41 PM
Prolegalimmi,
Our team is in contact with NPR. Are you working with sunil on this?
Thanks,
Berkeleybee
No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.
Our team is in contact with NPR. Are you working with sunil on this?
Thanks,
Berkeleybee
No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.
langagadu
10-04 04:10 PM
Finally Green?????
Did you check the email properly????
You are probably getting exited for the 'Reputation' green in this forum after so many REDS?? ;););)
Did you check the email properly????
You are probably getting exited for the 'Reputation' green in this forum after so many REDS?? ;););)
sanan
06-04 09:11 PM
What is your PD and category?
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
ilwaiting
07-08 04:56 PM
Guys! what do you expect? Mr Tancredo is a ultraconservative rep and is against any immigration.
Just ignore him.
My bad it was Tom Tancredo.
Just ignore him.
My bad it was Tom Tancredo.
more...
sc3
08-28 12:43 PM
When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
hasil
09-28 05:54 PM
From my experience, Crows are black everywhere. Unless you join non-desi company. it is hard to find desi company who keeps everything in black n white.
Best bet is to try to workout something with you present company.
Best bet is to try to workout something with you present company.
more...
sheela
08-06 06:11 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Enjoy freedom. Your wife should be fine as her AOS petition reached uscis before your approval. I won't be surprised if you get another surprise soon !
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Enjoy freedom. Your wife should be fine as her AOS petition reached uscis before your approval. I won't be surprised if you get another surprise soon !
glus
01-20 05:04 PM
Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!
It does mean that me need more funds. IV has not announced it has dropped the I485 idea. Now a lot depends on us, the members.
G
It does mean that me need more funds. IV has not announced it has dropped the I485 idea. Now a lot depends on us, the members.
G
more...
masti_Gai
01-05 08:02 AM
No one can make a decision for ya... based on the historical data, both EB2 & EB3 are doing bad especially in regards to your PD. So just flip a coin or think of your favorite God and make a decision. You have no other choice.
If we make your choice and if thingz didn't work out you'll surely blame us.. won't ya???:)
If we make your choice and if thingz didn't work out you'll surely blame us.. won't ya???:)
thomachan72
12-21 01:18 PM
Wiring the money is the best and safest option for large amounts. If you wire it into your NRE then it will not be converted into rupee unless you specifically instruct that to happen. You can hold it in US dollars till the value appreciates.
Usually you can wire it for approx $35 to 40 and it takes about 2 working days.
Usually you can wire it for approx $35 to 40 and it takes about 2 working days.
more...
njboy
01-18 01:38 PM
I didnt mean 485 denial even though the subject of post says so, I meant LCA denial, or 140 denial, but most of you are seeing from your own narrow perspective where you have EAD, and have i-140 approved and have already gone through labor cert. But what about people who are just starting the PERM process..? Comeon they are part of our community too..
Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
more...
Berkeleybee
03-28 11:09 AM
Prolegalimmi,
It is absolutely fine to write to editors etc. but if you are planning a sustained campaign, it is best to coordinate with the media team lead by Sunil. It is always good to convey the same message from all our outlets.
Also, I urge everyone writing and calling media to keep it civil, DO NOT DENIGRATE other groups, just focus on our issues, and stay polite.
best,
Berkeleybee
It is absolutely fine to write to editors etc. but if you are planning a sustained campaign, it is best to coordinate with the media team lead by Sunil. It is always good to convey the same message from all our outlets.
Also, I urge everyone writing and calling media to keep it civil, DO NOT DENIGRATE other groups, just focus on our issues, and stay polite.
best,
Berkeleybee
veni001
01-18 11:24 AM
My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Chehuan,
Even if you change your job there is no guarantee that your New PERM/I140 won't get audited with new employer! So it all depends on the JOB and the employer. Best bet would be get EB3140 approved and then try to find a EB2 qualified Job and willing employer. Remember not all Jobs qualify for EB2! DOL and USCIS know the minimum job requirements for almost every position they receive PERM/I140 application. The more employer/attorney's try to apply for EB2 the more audits DOL/USCIS will follow.:(
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Chehuan,
Even if you change your job there is no guarantee that your New PERM/I140 won't get audited with new employer! So it all depends on the JOB and the employer. Best bet would be get EB3140 approved and then try to find a EB2 qualified Job and willing employer. Remember not all Jobs qualify for EB2! DOL and USCIS know the minimum job requirements for almost every position they receive PERM/I140 application. The more employer/attorney's try to apply for EB2 the more audits DOL/USCIS will follow.:(
more...
waitingGC
05-30 02:45 PM
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
rajev_kk
06-19 09:14 PM
Hello,
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
more...
saajed
11-15 10:43 PM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
glus
01-02 10:05 AM
Hi All,
Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
(RFE due date Mar10)
Here are my doubts:
1. can i go to india & comeback with AP in hand
2. Do i need to wait for my i-140 approval
3. my question is what if my i -140 rejects ??
Appreciate your feedback..
Thanks!!!!!
I would say the safest way would be to get I140 approved first. If I140 is denied, your I485 is in most cases denied at the same time, and then you become illegal if you are in the U.S. after entering on AP.
Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
(RFE due date Mar10)
Here are my doubts:
1. can i go to india & comeback with AP in hand
2. Do i need to wait for my i-140 approval
3. my question is what if my i -140 rejects ??
Appreciate your feedback..
Thanks!!!!!
I would say the safest way would be to get I140 approved first. If I140 is denied, your I485 is in most cases denied at the same time, and then you become illegal if you are in the U.S. after entering on AP.
Jerrome
03-10 12:01 AM
You are not suppossed to submit the i-94 which you received along with 797. Submit only the POE i-94.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
xu1
08-03 08:22 AM
The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
ganguteli
03-22 01:13 AM
Your experience in current job may not add up as experience.
But do not go by that. What is the requirement of the job for which labor will be filed?
But do not go by that. What is the requirement of the job for which labor will be filed?
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