sushilup
07-11 08:28 AM
I agree with tnite
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
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gc_check
01-10 11:58 AM
It is good to see, more and more people (EB3 with older PD's ) switch to EB2 or higher, though the total percentage is small, it is still a significant help for EB3 (C & I). On average each EB Applicant consumes 2-3 Visas. One primary applicant switch means, at least 2 -3 visas freed in EB3 for this category. If qualified for EB2, this is a good move looking at the way EB3 dates are moving.
coolngood4u80
08-12 12:54 PM
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
Well said ..I totally agree with you....they would get their $400 million instantly..
Well said ..I totally agree with you....they would get their $400 million instantly..
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GTGC
09-13 07:52 PM
Press Release sent to
Star TV Asia
Buffalo News
Star TV Asia
Buffalo News
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eb3_nepa
07-05 01:26 PM
Good work map_boiler
RN_Usa
07-31 11:39 AM
i m Nurse on h4 and waiting to finish my Nclex exam fast. Lack of nclex certificate make us loss the chance for applying for imigration petition..
more...
anantc
05-04 02:05 PM
Contacted and spoke to Secretary of following Senators:
Senator Chuck Schumer (New York)
Senator Patrick Leahy (Vermont)
Senator Dianne Feinstein (California)
Senator Bob Menendez (New Jersey)
Each one said that Senator is in the process of framing the Bill/Reform and working on it.
Keep going IV and its members, We can do it.... again.
Senator Chuck Schumer (New York)
Senator Patrick Leahy (Vermont)
Senator Dianne Feinstein (California)
Senator Bob Menendez (New Jersey)
Each one said that Senator is in the process of framing the Bill/Reform and working on it.
Keep going IV and its members, We can do it.... again.
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SkilledWorker4GC
07-11 12:41 PM
:)Good News is Dates Moved and many of us with PD prior to Jun'06 might get our GC (Chances are less than 5%).
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
more...
vayumahesh
10-29 10:48 AM
Hi 9Years,
Do you see any LUD update on your I-485 case ? I think when I-140 was approved and EB3 date got ported, USCIS may have touched the I-485 application.
Do you see any LUD update on your I-485 case ? I think when I-140 was approved and EB3 date got ported, USCIS may have touched the I-485 application.
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nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
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.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
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.
more...
tampa2006
07-18 09:14 PM
I have contributed my bit by signing in for $50 montly contribution. I hope that we will make IV a grassroot movement.
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Libra
09-29 12:04 PM
only option is they can hire some people to process application on temp basis.
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
more...
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paskal
07-22 07:44 PM
I am glad to see sked A here. I have been following this forum for a long time now and there is nothing for healthcare prof though the discussions were very helpful. As I can see it, the july VB put benefits on those going through AOS but as a result those whom I know who are scheduled for interview in their home countries in AUg. was cancelled.
august was always going to be unavailable, come what may...
The AOS reversal did not change availability of visa numbers.
this whole thing needs a more permanent solution
august was always going to be unavailable, come what may...
The AOS reversal did not change availability of visa numbers.
this whole thing needs a more permanent solution
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Mouns
04-30 03:56 PM
I am very disappointed. I was hoping for more relevant questions, and more to the point:
Why is it such a mess? What is being done?
It is just all bad. And yet I am current so I shouldn't complain. But man, this system is surely broken.
Good luck to you all.
Why is it such a mess? What is being done?
It is just all bad. And yet I am current so I shouldn't complain. But man, this system is surely broken.
Good luck to you all.
more...
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axp817
09-10 12:54 PM
Paypal confirmation # 4Y748719GE443013E ($100 one time contribution in addition to my past one time contributions and $50 monthly recurring).
Thank you everyone for contributing. It is your contributions that made me contribute after looking at this thread for the past few days.
Let us give back to IV (and ourselves) by raising ten fold ($300K) of what the goal is.
If only 3000 people contribute $100 each, the amount raised would be $300K.
3000 people, from my understanding is only an iota of the IV membership.
$100 is NOT a big amount, no matter what you think/say, when the return is as huge as getting your green card faster, even a month or two faster (although we are talking years here).
I do NOT make a lot of money.
I have a Car payment like you.
I have a house payment like you.
I also have a lot of time left on my H-1B visa (12 months on the first one, before I even have to renew it for the first time) meaning I don't have worries of my visa timing out.
I also have an approved I-140 and 485 filed, making me eligible for the EAD/AP benefits, again taking some of the fear out, of H-1 renewal or getting laid off.
But I still think we need to keep supporting what IV is doing, I would rather take a Green card right now, than be on EAD/AP/H-1B renewals for the next 2,3,4,5 years.
PLEASE, don't be the person that wishes six months from now, that he/she had made a contribution when the time was right.
Thank you all.
Thank you everyone for contributing. It is your contributions that made me contribute after looking at this thread for the past few days.
Let us give back to IV (and ourselves) by raising ten fold ($300K) of what the goal is.
If only 3000 people contribute $100 each, the amount raised would be $300K.
3000 people, from my understanding is only an iota of the IV membership.
$100 is NOT a big amount, no matter what you think/say, when the return is as huge as getting your green card faster, even a month or two faster (although we are talking years here).
I do NOT make a lot of money.
I have a Car payment like you.
I have a house payment like you.
I also have a lot of time left on my H-1B visa (12 months on the first one, before I even have to renew it for the first time) meaning I don't have worries of my visa timing out.
I also have an approved I-140 and 485 filed, making me eligible for the EAD/AP benefits, again taking some of the fear out, of H-1 renewal or getting laid off.
But I still think we need to keep supporting what IV is doing, I would rather take a Green card right now, than be on EAD/AP/H-1B renewals for the next 2,3,4,5 years.
PLEASE, don't be the person that wishes six months from now, that he/she had made a contribution when the time was right.
Thank you all.
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polapragada
09-14 12:16 PM
Please do not make false statements. You are trying to paint everyone with the same brush.
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
This might be true in your case but not with every body else
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
This might be true in your case but not with every body else
more...
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newuser
09-12 10:29 AM
I am Ok with this idea as long as the issue doesn't get diluted.
I think everyone should send the letter in the same format though.
I think everyone should send the letter in the same format though.
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mirage
08-04 05:20 PM
When you get the letter ready we'll send it again. It doesn't hurt to send them the letters 100 times.
I believe in 1 thing.... Is the media(in this case letter) imparting the message ? If the answer is 'Yes', we are done!!!!
Trust me my friend, spellings commas and fullstops doesn't matter...If you need to send out a message send it ASAP...
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.
I believe in 1 thing.... Is the media(in this case letter) imparting the message ? If the answer is 'Yes', we are done!!!!
Trust me my friend, spellings commas and fullstops doesn't matter...If you need to send out a message send it ASAP...
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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chanduv23
07-11 12:01 PM
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you
snathan
05-15 10:35 AM
dear members,
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
saimrathi
08-10 03:25 PM
Congrats!! Please contribute to IV!
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
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