chanduv23
06-10 06:21 AM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
What we are trying to achieve is not easy. If you are involved more closely with IV leadership - you will understand the hardships being faced at every stage.
Issues can only be resolved if we are a strong voice, and thats what we all want to be. It takes time and we have to be patient. We are in a lot better shape than we were sometime back.
visa recapture - no chance
visa increase - will not happen
still contribute??
What we are trying to achieve is not easy. If you are involved more closely with IV leadership - you will understand the hardships being faced at every stage.
Issues can only be resolved if we are a strong voice, and thats what we all want to be. It takes time and we have to be patient. We are in a lot better shape than we were sometime back.
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gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
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
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santb1975
07-09 06:18 PM
I live in Irvine. Count me in.
more...
Green.Tech
09-14 03:45 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
wellwisher02
03-31 10:46 AM
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.
Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.
We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.
Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.
more...
singhsa3
07-20 12:52 PM
Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.
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$eeGrEeN
09-10 12:38 PM
checking my rep.
more...
snathan
05-23 09:15 AM
If you have made a contribution and posted on this thread or on the thread we had before your name should be on the list. We do not have an automatic way of updating this list once someone had made a contribution through paypal at this time. Every night I go through this thread, update numbers and names. I could have made a manual error and missed some names but once people have brought that to my attention I have been double checking and responding back to them. I know I am behind on verifying one or two contributions but I will catch up. I work long hours,take classes and I live 80 miles away from where I work. I wish I had more than 24 hours in my day. If you could help us with maintaining an accurate list that would be awesome.
Hope I answered your query :)
Actually I paid $100 and not $50. It was two $50 on the same day.
Hope I answered your query :)
Actually I paid $100 and not $50. It was two $50 on the same day.
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Wendyzhu77
06-05 10:51 AM
Numerous students on F1 visa applied 485 and got their GC these years.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
more...
Alien
03-13 12:57 AM
How does that work? There is no law or process to connect an abandoned labor. I had approved labor with a PD of 1999 that got lost when I switched companies. But no one seems to be connecting that to me.
I said I was *wondering*. Not quite a declarative sentence.
I said I was *wondering*. Not quite a declarative sentence.
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nk2006
10-17 04:01 PM
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Thanks for the update.
Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.
Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Thanks for the update.
Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.
Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.
more...
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qplearn
12-18 05:46 PM
what will be will be
let's not lack in our efforts though
there are two campaigns underway:
add a member and
contribute at least $20
by Dec 31
funds and members...are the key to our success
please join us in both campaigns
Thanks!
It will help if we know exactly how much more money is demanded by our lobbyst. Obviously, the money goes primarily to them.
let's not lack in our efforts though
there are two campaigns underway:
add a member and
contribute at least $20
by Dec 31
funds and members...are the key to our success
please join us in both campaigns
Thanks!
It will help if we know exactly how much more money is demanded by our lobbyst. Obviously, the money goes primarily to them.
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greensignal
12-28 02:55 PM
^^
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map_boiler
07-05 01:17 PM
I just used the letter above (slightly edited) to email senators Bennett and Hatch from Utah.
Today I made my first $100.00 contribution to IV. Go IV!
Today I made my first $100.00 contribution to IV. Go IV!
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gc_kaavaali
09-01 11:16 AM
Arrived Aug 2002. Got GC last month. I would suggest people to file for GC as early as possible. Do not change employers for money (unless unless it is really really really necessary) until u get GC.
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Macaca
06-18 10:51 AM
Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D3)
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guest1978
08-02 04:01 PM
This is great news!!
Ooops, i missed this in my original post. This is true for Nebraska service centre.
I am not sure about the other service centre. Sorry dudes.
Ooops, i missed this in my original post. This is true for Nebraska service centre.
I am not sure about the other service centre. Sorry dudes.
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ragz4u
03-09 08:34 AM
They are debating whether the current 2000 border troops should be increased to 2400
gnrajagopal
01-10 02:07 PM
I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
Interesting comment.....
I think as much punya is done in this country as there is a quest of bhoga
Interesting comment.....
I think as much punya is done in this country as there is a quest of bhoga
saileshdude
09-10 10:33 AM
Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.
I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.
I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.
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