reddymjm
09-23 05:07 PM
I dont see this News as disappointing at all. All of them are moving fwd at some pace in all the bullitens. :D
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knnmbd
05-04 03:24 PM
So if the kid gets his GC and you do too because he, like many other kids, are removed from the queue, is that a problem or a good thing?
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
mrajatish,
I think you get the point. This will clear a lot of people from the queue...
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
mrajatish,
I think you get the point. This will clear a lot of people from the queue...
legal_gc_seeker
05-11 05:31 PM
Guys,
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
I don't think this is as simple as you say. Probably this would not affect young married couple who may have very young children and some may not even have one. This will affect children of those immigrants who are reaching 18 or 21. The law says you can get the dependent GC only if you are under 18 or 21. All of them will be affected. (I was not sure of the age if it was 18 or 21). They will be in limbo.
The best thing would be not to count them in any quota like they do for immediate relatives of citizens.
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
I don't think this is as simple as you say. Probably this would not affect young married couple who may have very young children and some may not even have one. This will affect children of those immigrants who are reaching 18 or 21. The law says you can get the dependent GC only if you are under 18 or 21. All of them will be affected. (I was not sure of the age if it was 18 or 21). They will be in limbo.
The best thing would be not to count them in any quota like they do for immediate relatives of citizens.
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ajaykk
07-21 01:33 PM
Mailed on 07/14
Recvd: 07/15
Soft LUD's: 07/17, 07/18 & 07/20
Recvd: 07/15
Soft LUD's: 07/17, 07/18 & 07/20
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reachthepalace
09-13 11:40 AM
Received note from my lawyers today on I-140/I-485 receipt at NSC
PD: June 2007
Labor:EB2
140/485 filed: July 27, 2007
Received at NSC: July 30, 2007 (Don't know who signed etc.)
Recept dated: Sept 6, 2007
-D
Not attending DC rally due to personal reasons.
PD: June 2007
Labor:EB2
140/485 filed: July 27, 2007
Received at NSC: July 30, 2007 (Don't know who signed etc.)
Recept dated: Sept 6, 2007
-D
Not attending DC rally due to personal reasons.
EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the 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. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the 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. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
more...
apahilaj
02-15 11:40 AM
Count me in...
It seems like I've got the oldest Notice date of 8/27 who has not received the biometrics yet. Infopass was pure waste of time as well.
It seems like I've got the oldest Notice date of 8/27 who has not received the biometrics yet. Infopass was pure waste of time as well.
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alisa
09-14 10:43 AM
What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?
I am not sure what SOL stands for.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
I am not sure what SOL stands for.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
more...
maine_gc
07-19 09:08 PM
I will pledge $100 for this drive
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jthomas
05-31 01:49 AM
...
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eers
07-09 03:12 PM
emailed below to Houston Chronicle
Dear Sir/Madam
I am one of the skilled, legal applicants affected by the recent "Flip-Flop" of visa bullentins by USIS and DOS, and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
Please refer to the attached press release for more information
http://docs.google.com/View?docid=ap9x7pmvk6s_32c3khvg
More information about this initative and the current f iasco is available at http://immigrationvoice.org/
This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event ?"
If we can provide any more information, please contact me or the email address provided in the press release link.
Dear Sir/Madam
I am one of the skilled, legal applicants affected by the recent "Flip-Flop" of visa bullentins by USIS and DOS, and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
Please refer to the attached press release for more information
http://docs.google.com/View?docid=ap9x7pmvk6s_32c3khvg
More information about this initative and the current f iasco is available at http://immigrationvoice.org/
This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event ?"
If we can provide any more information, please contact me or the email address provided in the press release link.
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thescadaman
11-17 04:17 PM
done - Thanks!
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jindhal
09-24 10:34 AM
I am not sure if I am correct,
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers
1) The spillover from EB1 -> EB2
2) The spillover from FB -> EB
In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.
In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.
India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.
And this is how the cookie crumbles.
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers
1) The spillover from EB1 -> EB2
2) The spillover from FB -> EB
In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.
In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.
India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.
And this is how the cookie crumbles.
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gee_see
10-01 04:13 PM
There was no discussion on invoking AC21 where the salary is lower than specified in LC. For example wages for LC filed in bay area will be higher than other places and if one wishes to move to work location where prevaling wages are lower compare with original LC location. What would USCIS position on this since AC21 does not talk about work location.
wage for Original LC location in Santa Clara:- 90k
New job offer in mid west:- 70K ( much higher than prevaling wages)
Please comment
wage for Original LC location in Santa Clara:- 90k
New job offer in mid west:- 70K ( much higher than prevaling wages)
Please comment
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SKK2004
08-25 01:20 PM
PD Aug 2004, EB-2 India
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
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pallavan
09-24 04:53 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
Well Said ! Excellent analogy. It captures the absurdity of porting with PD retention.
Well Said ! Excellent analogy. It captures the absurdity of porting with PD retention.
more...
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gc_check
07-02 09:01 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
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GCStatus
09-16 05:14 PM
I can contribute $200 - and dont be disheartened if only 2 people responded today - keep the thread and top and give it visibility!
we've gotta keep moving forward ....!
There you go
we've gotta keep moving forward ....!
There you go
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franklin
07-10 11:12 AM
Check the USCIS Home page-
http://www.uscis.gov
Yes, you will notice that this has been posted in multiple threads yesterday as well as this website's home page
http://www.uscis.gov
Yes, you will notice that this has been posted in multiple threads yesterday as well as this website's home page
InTheMoment
11-21 04:03 PM
Dear Mehul,
Just sent you a PM (Private Message). Check it.
take care!
Just sent you a PM (Private Message). Check it.
take care!
caprianurag
08-27 05:00 PM
Applied on Aug 9th for i-140, i485 and EAD.
No reciepts yet
No reciepts yet
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