lonedesi
08-06 09:24 AM
Diptam, thats a tricky situation. I am not so well versed to know if Ombudsman's office will accept the form without employer's signature. let me check with few attorney's and the IV core group and get back to you.
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orangutan
02-07 02:22 PM
I myself in the similar situation. My wife wants to send money to her parents every month (BTW her 2 sister and brother live in US since long time). I did a lot for her parents till last year which I stopped. I help them, when they have money they give it to other family members instead of me. Any way the story is, it took lot of time i.e around 2 years to councel my wife to make her understand.
I told her I can't buy House, no Private Schools, no high end cars. I asked her to make a decision. I clearly expalined her my vision about my career, my view towards the life. She did not completely understand but at this point she is not forcing me (good thing).
Don't give up, just keep explaining about life. she will get it at some point.
I told her I can't buy House, no Private Schools, no high end cars. I asked her to make a decision. I clearly expalined her my vision about my career, my view towards the life. She did not completely understand but at this point she is not forcing me (good thing).
Don't give up, just keep explaining about life. she will get it at some point.
axp817
05-14 12:15 PM
Just an update from my side:
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
That is the attitude, my brother.
Good luck with the MTR, it is sickening to see such blatant errors on their part.
I'm sure the eventual outcome will be in your favor, and it is good to see that you are still in good spirits.
Best,
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
That is the attitude, my brother.
Good luck with the MTR, it is sickening to see such blatant errors on their part.
I'm sure the eventual outcome will be in your favor, and it is good to see that you are still in good spirits.
Best,
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andy007
07-05 10:56 AM
Bill Clinton & Hillary Clinton is coming to TANA in Washington.. i am from bay area.. i know lot of people are going this.. please take a print out and talk personally, explain our problems.. Please Thanks
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deepimpact
08-23 09:29 AM
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
I aplogize if I hurt someone. But don't shoot the messenger, I was trying to enumerate the possible impacts of the memo. And looking at current changes to employment based immigration policies be it about H1B,L1 or EB it appears they are trying to clamp down on rather lose interpretation of minimum requirements for these visa categories which has led to overuse and abuse of them.for e.g H1B going to lottery on the very first day in 2008.
But it seems these specifications are about EB1 and EB2 with exceptional ability (not with advance degree category) where the requriements is just a list of 10 items without any emphasis on what is defined as a succesful crietria of meeting those items.
I guess you may have got pissed off with my third point , believe me I am not one here to create EB2-EB3 divide. Because no change in legislation is going to be for a particular EB category, it needs to be for the entire EB. Be it visa recapture, per country limit removal or dependants not being counted.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
I aplogize if I hurt someone. But don't shoot the messenger, I was trying to enumerate the possible impacts of the memo. And looking at current changes to employment based immigration policies be it about H1B,L1 or EB it appears they are trying to clamp down on rather lose interpretation of minimum requirements for these visa categories which has led to overuse and abuse of them.for e.g H1B going to lottery on the very first day in 2008.
But it seems these specifications are about EB1 and EB2 with exceptional ability (not with advance degree category) where the requriements is just a list of 10 items without any emphasis on what is defined as a succesful crietria of meeting those items.
I guess you may have got pissed off with my third point , believe me I am not one here to create EB2-EB3 divide. Because no change in legislation is going to be for a particular EB category, it needs to be for the entire EB. Be it visa recapture, per country limit removal or dependants not being counted.
desi485
11-19 03:29 PM
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
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485Mbe4001
06-10 02:52 PM
you bet you dont have to worry at all, after all your handle mentions that you will be in india in 6 odd months. Since it will take 3 months for you to pack, you might as well spend your time on the R2I forum. Do log back and tell us about the green grass on the other side when do go back. :mad:
EB ignorance is bliss..good for you :p
I am EB3...good news is the two-year EAD...a bit relieved.
Y2K bought in thousands of Desis(including me) and now we are in a USCIS Theater queue. House Full...I will wait for another show.....so what?
Love to relax....or learn it now
EB ignorance is bliss..good for you :p
I am EB3...good news is the two-year EAD...a bit relieved.
Y2K bought in thousands of Desis(including me) and now we are in a USCIS Theater queue. House Full...I will wait for another show.....so what?
Love to relax....or learn it now
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reddymjm
06-10 08:08 AM
I hope in the visa statistics for the year 2008 they don't come up with a report saying that 20,000 visas were lost as they were unused :D.
it will be NO wonder even if you see that..
it will be NO wonder even if you see that..
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royu
08-23 05:57 PM
Well explained.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
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singhsa3
09-12 10:51 AM
It is a good idea, can please register your vote against "simple letter"
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
more...
tcsonly
07-21 04:49 PM
Here is a list of 53 members so far registered in SoCal chapter:
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
I doubt if Jimi_Hendrix is still active in SoCal chapter.
-C.
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
I doubt if Jimi_Hendrix is still active in SoCal chapter.
-C.
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GC-Italy
03-20 10:09 AM
On page 10 of this thread you can see my other entry.
I got my receipt numbers on March 14th.
I immediately called customer service to figure out what my options are.
They inoltrated a request to expedite and gave me a WTCxxxxxxxxx confirmation number (similar to what happened to watertown).
I read the various forums and I cannot find any other example of this WTC confirmation numbers.
Are there other people that requested to expedite AP through the phone and got a WTCxxx number?
What is your experience with this method?
Thank you in advance.
I got my receipt numbers on March 14th.
I immediately called customer service to figure out what my options are.
They inoltrated a request to expedite and gave me a WTCxxxxxxxxx confirmation number (similar to what happened to watertown).
I read the various forums and I cannot find any other example of this WTC confirmation numbers.
Are there other people that requested to expedite AP through the phone and got a WTCxxx number?
What is your experience with this method?
Thank you in advance.
more...
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hebbar77
06-11 01:25 PM
I agree GC makes a difference. If anyone as EAD thats as good as GC subject to your primany job not changing. So why not do side -business on EAD while your primary job is ON. Take it easy at job, dont overwork because without GC rarely people get promoted, if they are not extra-ordinary!
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
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trueguy
03-03 03:40 PM
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
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bkn96
11-25 08:39 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
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ivvm
09-13 10:16 PM
Paypal Payment Sent (ID #4VL772199A7170058)
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Keeme
08-14 03:53 PM
This is what will help us to clear backlog ! Wanted to post it few days back when news came from UK they wanted to bring more immigrants as one of solution to get their economy back on track.
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
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nik.patelc
02-18 06:04 PM
EB3 to EB2 porting is so huge. I dont think PERM 2005 data really matters. i think a pattern of gradual moving dates ( 1 month or 2 month per bulletin) forward for EB2 India till Spet 2009. Then with OCT, dates will go back to 2002 due to EB3 - EB2 porting.
Somewhere in another thread i saw that roughly total 60000 EB2 India cases are in pending state by Ron gotcher analysis.
if hypothetically, After July 2007 fiasco, thousands of EB3 cases prior to 2004 PD date were converted to Eb2, I assume It will take alteast 2 to 3 years to clear all EB2 cases with PD < DEC 2004 even if there is new cases of Eb3 to EB2 porting going forward from today.
Somewhere in another thread i saw that roughly total 60000 EB2 India cases are in pending state by Ron gotcher analysis.
if hypothetically, After July 2007 fiasco, thousands of EB3 cases prior to 2004 PD date were converted to Eb2, I assume It will take alteast 2 to 3 years to clear all EB2 cases with PD < DEC 2004 even if there is new cases of Eb3 to EB2 porting going forward from today.
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Suva
09-01 01:17 PM
It seems that your case is worst than all of us here in IV.
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
JunRN
08-11 01:09 PM
Visa Screen is needed to adjust your status. It is always better to have your visa screen ready. USCIS will send an RFE for that. However, while AOS is pending, EAD can be issued.
micofrost
07-18 06:57 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
If visa numbers are current for both of them, then its a matter of luck, whose application gets processed quickly and which guy's application reaches to the approval officer first. That time both have equal chance.
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule. So B can switch jobs 23 days before A. Again that (180 days rule)also as per some lawyers isnt a hard n fast rule. Hope it helps.
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
If visa numbers are current for both of them, then its a matter of luck, whose application gets processed quickly and which guy's application reaches to the approval officer first. That time both have equal chance.
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule. So B can switch jobs 23 days before A. Again that (180 days rule)also as per some lawyers isnt a hard n fast rule. Hope it helps.
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