jonty_11
07-05 05:06 PM
called CA senators, as I am outa state they said they are not entertaining outa state calls at this point...huh!!
They only do this when call volume is high....Does this mean at least CAlif guys are calling..
Go IV go@@
They only do this when call volume is high....Does this mean at least CAlif guys are calling..
Go IV go@@
wallpaper Ronaldo of Real Madrid
for_gc
08-14 07:02 PM
Guys good news from my side. Just got most awaited Card production Ordered emails for my wife and my son. ...
Congratulations Conchshell !!
You really seem to be a very level headed guy. Hats off to you !
Congratulations Conchshell !!
You really seem to be a very level headed guy. Hats off to you !
desi3933
08-04 02:42 PM
I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Employee can bear all the GC related cost.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
2011 for new club Real Madrid.
indio0617
03-09 10:08 AM
another senator suggesting: institute a training fee for nurses like the H-1b training fee...
more...
ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
badluck
07-06 01:58 PM
me too. Personally I think Australia might have better weather but Canada is closer
why not our motherland INDIA
why not our motherland INDIA
more...
Eb3_frustrated
04-25 02:44 PM
learining01,
if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.
All members can suggest ideas, some are pratical, some are not. If you do not like an idea just let it go by....
if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.
All members can suggest ideas, some are pratical, some are not. If you do not like an idea just let it go by....
2010 his first Madrid goal from
Alien
04-25 01:01 PM
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
more...
somegchuh
07-19 06:12 PM
Guys,
My understanding of the 1-485 processing is that there are several things that they do and checking the PD is the last thing they do to issue a GC.
The RD is the order that they follow until they find out if your PD is current. As for moving by RD, I have noticed that movement in NSC for the last 6 months has been really slow. And now, with so many more apps pouring in it can only get slower. But given the fact they are under the microscope right now they might just kick the tires and processing may pick up speed for a few months. This will benefit all the ppl who have been waiting for 485 approvals for 6+ months and their PD's are really (g)old. It might also benefit recent filers in getting EAD/AP sooner. But all of this going to be very political and can swing either way. So I wouldn't bet my money on either side and/or logic :D
My understanding of the 1-485 processing is that there are several things that they do and checking the PD is the last thing they do to issue a GC.
The RD is the order that they follow until they find out if your PD is current. As for moving by RD, I have noticed that movement in NSC for the last 6 months has been really slow. And now, with so many more apps pouring in it can only get slower. But given the fact they are under the microscope right now they might just kick the tires and processing may pick up speed for a few months. This will benefit all the ppl who have been waiting for 485 approvals for 6+ months and their PD's are really (g)old. It might also benefit recent filers in getting EAD/AP sooner. But all of this going to be very political and can swing either way. So I wouldn't bet my money on either side and/or logic :D
hair Yes, commerically Real Madrid
9years
11-05 01:53 PM
Did you get your I-140 receipt? What is the online status?
more...
flthere
08-12 02:13 PM
I'd say that some small-medium companies either in India or the 50-50 US bodyshops will happily ask the prospective-H1b to pay up Rs. 1,00,000 towards Schumer's fees :D
Anyways, most of these bodyshops in US collect H1b fees from the applicants in India, right ?
Infy, TCS, Satyam etc., will hire more janitors to bring their H1b/L1 % in US :D Or even buyout janitorial services companies :)
Anyways, most of these bodyshops in US collect H1b fees from the applicants in India, right ?
Infy, TCS, Satyam etc., will hire more janitors to bring their H1b/L1 % in US :D Or even buyout janitorial services companies :)
hot Real Madrid:
yabadaba
09-12 12:50 PM
I had written this press release for pappu a few weeks back. dont think it was used. please feel free to use it if u can.
================================================== ======================================
On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.
No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.
This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.
This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. It is time to stand and make our case - We are professionals, we are highly skilled and we deserve a fair immigration process.
So now fellow immigrant, the choice is yours. Whether you adjusted your status 5 years back or yesterday, you know the nightmare you went through. Others who filed their Adjustment of Status in the avalanche of July 2nd can be expected to remain buried in paper for the foreseeable future. The only way the lawmakers in Washington will hear
our voice is if we stand up and present our case to them. We will put a face to the concept of a legal immigrant and not remain a faceless nameless statistic that lawmakers are used to.
Immigration voice has launched the most comprehensive campaign ever to get you there. We will provide buses if you don’t want to drive, air tickets if you will fly and accommodation when you get to Washington DC on September 18th.
All you need to do is log on to http://immigrationvoice.org, register your details and state how you can be there in Washington DC.
Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.
Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.
Join them and be a part of history.
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
================================================== ======================================
On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.
No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.
This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.
This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. It is time to stand and make our case - We are professionals, we are highly skilled and we deserve a fair immigration process.
So now fellow immigrant, the choice is yours. Whether you adjusted your status 5 years back or yesterday, you know the nightmare you went through. Others who filed their Adjustment of Status in the avalanche of July 2nd can be expected to remain buried in paper for the foreseeable future. The only way the lawmakers in Washington will hear
our voice is if we stand up and present our case to them. We will put a face to the concept of a legal immigrant and not remain a faceless nameless statistic that lawmakers are used to.
Immigration voice has launched the most comprehensive campaign ever to get you there. We will provide buses if you don’t want to drive, air tickets if you will fly and accommodation when you get to Washington DC on September 18th.
All you need to do is log on to http://immigrationvoice.org, register your details and state how you can be there in Washington DC.
Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.
Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.
Join them and be a part of history.
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
more...
house Cristiano Ronaldo transfer:
meridiani.planum
12-19 12:40 AM
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
bad economy of 2009 is irrelevant to PD movement because of the huge backlog of pending cases. Just see the stats the USCIS had released earlier. Also, PERM applications dont take visa number. A visa number is allocated when a 485 is being approved.
So EBI reaching 2008 is almost certainly a zero possibility unless there are some legislative changes. There are simply too many pending cases from 2005, 2006.
bad economy of 2009 is irrelevant to PD movement because of the huge backlog of pending cases. Just see the stats the USCIS had released earlier. Also, PERM applications dont take visa number. A visa number is allocated when a 485 is being approved.
So EBI reaching 2008 is almost certainly a zero possibility unless there are some legislative changes. There are simply too many pending cases from 2005, 2006.
tattoo Eye for goal: Real Madrid#39;s
Blessing&Lifeisbeautiful
08-13 04:21 PM
With the current situation, I think it may take 2 to 3 months...
Probable longer for an RFE. Receipt notices are taking 6 weeks+. When do you think EAD will come out. It used to be 60-90 days. With quite a few EADs out in less than 60 days.
Any ideas
Probable longer for an RFE. Receipt notices are taking 6 weeks+. When do you think EAD will come out. It used to be 60-90 days. With quite a few EADs out in less than 60 days.
Any ideas
more...
pictures Cristiano Ronaldo makes Real
setpit_gc
07-24 05:19 PM
My wife's DL expired in June 2007. We got her extension in April 2007 for next 3 years. FYI: It took only 40 days to get the approval. Applied in PP.
We noticed the incorrect DOB in her approval notice. Attorney contacted CIS about this. We got a letter from CIS asking us to wait for 30 days to review her case. It is 90+ days since we reported CIS's typographical error. They took 40 days to approve the extension but they are taking more than 90 days to correct the DOB and issue a copy. Congrats CIS!.
Because of CIS's typographical error, we are facing hell of problems. She couldn't renew her DL. We went to DL office. We were asked to file a complaint. That takes ANOTHER 10 to 12 months to get the feedback from DL office.
I don't know what to do other than just WAIT!.
We noticed the incorrect DOB in her approval notice. Attorney contacted CIS about this. We got a letter from CIS asking us to wait for 30 days to review her case. It is 90+ days since we reported CIS's typographical error. They took 40 days to approve the extension but they are taking more than 90 days to correct the DOB and issue a copy. Congrats CIS!.
Because of CIS's typographical error, we are facing hell of problems. She couldn't renew her DL. We went to DL office. We were asked to file a complaint. That takes ANOTHER 10 to 12 months to get the feedback from DL office.
I don't know what to do other than just WAIT!.
dresses Ronaldo Real Madrid 8x10
vicky007
04-11 02:57 PM
Gurus, my I-140 petition is pending due to Retrogression.Any idea what would be the scenario when the Pending cases at the Philadelphia Backlog Elimination Centre come through? what i am trying to find here is how many of these cases would be Pre June 2002 ?As per my research,majority of Cases at the Philadelphia centre are post June 2002.
Regards
Regards
more...
makeup Real Madrid - Málaga
santb1975
06-09 02:41 PM
^^^
girlfriend Real Madrid#39;s Cristiano
ronhira
08-12 12:37 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?
here comes another one..... keep it coming....
we are just too far off from the reality..... arent' we
here comes another one..... keep it coming....
we are just too far off from the reality..... arent' we
hairstyles Real Madrid#39;s Cristiano
ita
07-14 03:30 PM
Sent $21.. 7YB8Z-XTRJT.
Thank you.
Thank you.
newtoearth
08-23 10:05 AM
Eligibility Criteria
Sub-Categories
Description
Evidence
Advanced Degree
The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
You must meet at least three of the criteria below.*
National Interest Waiver
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.
* Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
Sub-Categories
Description
Evidence
Advanced Degree
The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
You must meet at least three of the criteria below.*
National Interest Waiver
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.
* Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
spicy_guy
09-01 11:30 AM
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Oh man! Landed here in 1998. But your PD is 2008 and IN EB3?!?!?
You must be the oldest person in this thread as well. :D
Survived 2 recessions
No hope as labour filled in eb3
Oh man! Landed here in 1998. But your PD is 2008 and IN EB3?!?!?
You must be the oldest person in this thread as well. :D
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