nlssubbu
07-24 06:33 PM
This is good information to know. If this is the case, then at least once in a year they have to make all the categories current. May be for September every year so that they do not waste any VISA numbers.
Again that depends on the demand vs supply. To have every one approved in EB3 (esp back logged countries), EB1 (All countries), EB2 (All countries) has to be current. Then the extra visas flow down to EB3 (ROW) and to all back logged countries (India, China, etc).
I am still wondering how DOL made all countries current in July bulletin. I think it is mainly due to many Labor Applications in BEC is either replaced by PERM or might not make all the way up to I-485. Many of us 2001 / 2002 filers discussed this theory a lot and did came to the conclusion that such a back log is artificially created as DOL, DOE and USCIS, who does not know exactly how many are there in approvable condition.
That is proved beyond doubt by the July bulletin :)
Hey guys make hey while the sun shines. I wish all of you will get GC much faster than us.
Thanks
Again that depends on the demand vs supply. To have every one approved in EB3 (esp back logged countries), EB1 (All countries), EB2 (All countries) has to be current. Then the extra visas flow down to EB3 (ROW) and to all back logged countries (India, China, etc).
I am still wondering how DOL made all countries current in July bulletin. I think it is mainly due to many Labor Applications in BEC is either replaced by PERM or might not make all the way up to I-485. Many of us 2001 / 2002 filers discussed this theory a lot and did came to the conclusion that such a back log is artificially created as DOL, DOE and USCIS, who does not know exactly how many are there in approvable condition.
That is proved beyond doubt by the July bulletin :)
Hey guys make hey while the sun shines. I wish all of you will get GC much faster than us.
Thanks
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a1b2c3
09-10 12:08 PM
Just when you thought you had it you missed it :D
I think they will eventually open up EB2, unless their plan is to clear EB3-I first (which would not be unfair I think).
See one of my earlier posts, one of the core issues is the sudden forward and then sudden backward movements in the dates.
If the demand is anticipated correctly, there shouldn't be need for closing the window at all!
I think they will eventually open up EB2, unless their plan is to clear EB3-I first (which would not be unfair I think).
See one of my earlier posts, one of the core issues is the sudden forward and then sudden backward movements in the dates.
If the demand is anticipated correctly, there shouldn't be need for closing the window at all!
Milind123
09-17 11:49 AM
It is not my intention to make anyone feel guilty. Taking you there doesn�t solve my purpose. It is very momentary and there is a sense of regret for both of us, if this happens. You will repent for pulling the trigger and I will repent for not trying hard enough to make you see things the way I see it.
2011 Ver Triunfo del Amor Capitulo
mjdup
07-14 02:39 PM
Contributed for two souls...
more...
mirage
04-02 12:07 PM
If only I had sent flowers to USCIS they would have been in trash, but you know where those 1000s of bouquets landed. I will certainly write them, on this forum everybody's is throwing ideas if an idea is good and like by others we get support and that's when a campaign start. Regarding predicting, wouldn't it be good for us to know if they received 20K EB2 application for India with PD 2003 and 40K application for EB3 in 2003 so instead of looking at Visa cutoff dates we can pack our bags....
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
sameet
02-19 11:27 AM
I don't think anybody can predict EB-3 India as it is a lost cause (sorry for being pessimistic). The only way EB-3 India will see any meaningful progress is through legislation.
I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?
I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?
more...
wandmaker
07-11 12:18 PM
can they even withdraw 140 after more then a year now?
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
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justAnotherFile
08-08 03:22 PM
good note.
I think a line or two on how the EB immigrant is hampered while waitng for those 5-10 years will be useful. (i.e limited by not being able to switch jobs or even roles within the same company because switching would mean restarting the GC all over from scratch, and spouses having to remain idle even if they are highly qualified on their own, and difficulty of investing in real-estate without any permanance)
I think a line or two on how the EB immigrant is hampered while waitng for those 5-10 years will be useful. (i.e limited by not being able to switch jobs or even roles within the same company because switching would mean restarting the GC all over from scratch, and spouses having to remain idle even if they are highly qualified on their own, and difficulty of investing in real-estate without any permanance)
more...
gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
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vjkypally
07-20 01:51 PM
And what makes all of you think that future applicants will come only from these 4 countries, they could come from Timbuktu fora ll you care and use up their fair share in EB category and you may not have the visas that you hope would be unused visas. Then what?????????
more...
tinamatthew
07-20 12:47 PM
Please look at the discussion topic and then post you comments. :mad: :mad:
Sorry ... but please do you have an answer
Sorry ... but please do you have an answer
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hazishak
07-18 06:25 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
You just simply resend it.
You just simply resend it.
more...
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jelo
05-14 01:26 PM
When your employer filed for revocation of I-140, on 02/03/2009 the officer might have performed an action of disapproval instead of revoke and also the date of action not updated (and you got the soft LUD not hard).
This will let the current officer to see as disapproved on 09/04/2007 ?. Just a thought.
This will let the current officer to see as disapproved on 09/04/2007 ?. Just a thought.
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gctoget
07-13 01:46 PM
Simi Valley
Hello Rajesh,
Guess how do I know your name....I am Shruthi from Rancho santa margarita,
Orange county, CA....remeber Kiran's wife??
welcome to the Socal chapter of IV..
Hello Rajesh,
Guess how do I know your name....I am Shruthi from Rancho santa margarita,
Orange county, CA....remeber Kiran's wife??
welcome to the Socal chapter of IV..
more...
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chanduv23
09-17 10:42 AM
I just registered for IV. I wish I could come to DC rally on 18th. But due to certain unavoidable circumstances I may not be able too. Though not an excuse But I feel very guilty about it and this guilt will always remain there that I was not part of rally on 18th. I am contributing a small amount of $ 100 by google order # 309818904607579
Thanks for your contribution and support, please urge other friends to make it to DC
Thanks for your contribution and support, please urge other friends to make it to DC
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Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
more...
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buddyinus
08-11 01:27 PM
A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
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vinabath
07-20 03:21 PM
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.
No offence intended but cool off.
You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.
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addsf345
12-01 02:16 PM
1. MTR -USCIS fee$585, Lawyer fee vary between $750 to $3500. Dependents another $500 extra in lawyer fee
2. US court no idea - but RG website says they take cases free of charges if case is strong as they can get attorney fee from USCIS..
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
2. US court no idea - but RG website says they take cases free of charges if case is strong as they can get attorney fee from USCIS..
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
pcs
04-25 01:18 PM
I am for it ( without diluting our present progress).
In fact it is the real date which makes sense & also provides relief to all H1-B new or old. New guys can peacefully change their jobs till their PD becomes current & do not get screwed by employers
In fact it is the real date which makes sense & also provides relief to all H1-B new or old. New guys can peacefully change their jobs till their PD becomes current & do not get screwed by employers
cirigadi
09-10 05:37 PM
I just contributed another $100 from Google checkout.
Best of luck..
Best of luck..
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