unknown123
03-12 02:14 AM
I support.. I've contributed earlier and will contribute again.
I think we should first raise awareness on the problem like I-485 pending for more than 2 years for more than xxx applicants, who played by the rules, paid taxes, etc......
Visa re-capture is one (or may be the only one) solution of above problem.
Just my thought
I think we should first raise awareness on the problem like I-485 pending for more than 2 years for more than xxx applicants, who played by the rules, paid taxes, etc......
Visa re-capture is one (or may be the only one) solution of above problem.
Just my thought
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snathan
04-06 08:23 PM
right..ok..today at work I heard from my colleague that his friend was sent back from airport
My colleague's friend's story.
Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".
Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..
The poor guy is sent back.
Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.
hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:
hmmm...strange. I heard the same story from my colleague. He said his brother was in airport and one guy who returned from India after vocation asked why he needs the H1B. The IO called his employer/client and asked if he can be replaced by USC/GC holder. The employer responded Yes...So he was sent back...
Is it just coincident or new kind of rumor...I was thinking it might be possible. Afte reading your post...its confirmed. Its rumor.
My colleague's friend's story.
Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".
Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..
The poor guy is sent back.
Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.
hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:
hmmm...strange. I heard the same story from my colleague. He said his brother was in airport and one guy who returned from India after vocation asked why he needs the H1B. The IO called his employer/client and asked if he can be replaced by USC/GC holder. The employer responded Yes...So he was sent back...
Is it just coincident or new kind of rumor...I was thinking it might be possible. Afte reading your post...its confirmed. Its rumor.
wc_user
02-20 06:16 PM
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
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andy garcia
09-10 11:48 AM
We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
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qplearn
11-24 11:02 AM
Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
nomi
12-11 02:38 PM
[QUOTE=wildvoice]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
more...
pappu
07-24 10:56 AM
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
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FinalGC
07-13 08:27 AM
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
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GCOP
10-15 01:04 PM
Flowers can work this time also. Any/All suggestions, which help to pass the visa recapture bill are most welcome. I think, right time to start any campaign would be after election. In the meantime, we can utilize this time to come up with firm action plan. IV core team is requested to decide the course of action and declare the action plan.
Guys,
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
Guys,
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
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Hinglish
01-08 10:04 PM
May the best man win !
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pappu
07-23 03:06 PM
Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.
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Jaime
09-12 11:08 AM
Who's still thinking about going or not? Email us! We'll help you in any way possible! Let's all go together!
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EB3_SEP04
06-11 12:49 PM
I wouldn't worry about this.. this bill is in embyonic stage, hundreds of such ridiculous bills are persented each years and they never make it to either house or senate floors for voting. Remember US politicians all the time "propose" or "talk about" such crazy bills to make happy the crazy segment of voters in their constituency and to make a buzz in the media. This is nothing more than Rakhi sawant accusing Mika of kissing. Nothing is going to happen without the full fledge CIR. Anyone believes the country which gives amnesty to illegals every 10-15 years will take such a nasty step and hurt itself ? Just watch in the months ahead what happens to AZ law or rather it's (non)implementation.
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sanju
02-13 09:51 PM
Dude you pay taxes for all the facilities that you are enjoying in this country.... nothing is free here.
Dude, did YOU and 99% of "ALL AMERICAN" FAMILIES not enjoy all the SAME facilities that I enjoy in this country. Why do I pay more than 99% of "ALL AMERICAN" FAMILIES, whatever that means? That's creates entitlement for me. That creates entitlement for EVERYONE in EB category.
.
Dude, did YOU and 99% of "ALL AMERICAN" FAMILIES not enjoy all the SAME facilities that I enjoy in this country. Why do I pay more than 99% of "ALL AMERICAN" FAMILIES, whatever that means? That's creates entitlement for me. That creates entitlement for EVERYONE in EB category.
.
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yabadaba
02-21 03:46 PM
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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new_gc
12-17 03:03 PM
i have no idea what is in store for me!!!!!!!!!
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jthomas
05-27 02:01 PM
Is it legal to make photocopies of your passport in the US? They dont do it in FEDEX Kinkos etc., Ofcourse you can print it in your house.
I have made copies of my passport several times at kinkos. I have also send those to immigration lawyer etc..
I have made copies of my passport several times at kinkos. I have also send those to immigration lawyer etc..
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HV000
03-19 01:03 PM
Why not july 2006??
Well, atleast RIR/Pre PERM Backlog Applications can be processed. BPCs only closed in DEC 2007. So, some of them missed the Aug 07 deadline. I'm NOT against 2006 or 2007 applicants!
Well, atleast RIR/Pre PERM Backlog Applications can be processed. BPCs only closed in DEC 2007. So, some of them missed the Aug 07 deadline. I'm NOT against 2006 or 2007 applicants!
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greenlight
08-23 12:27 AM
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
sheela
10-16 05:43 PM
I agree we need to do something big to end never-ending regression.
Let us organise:
"WORK-ROUND-THE-CLOCK non-stop for 24 hours"
This will generate lot of interest in media for the hard-working immigrant community
It will get us support from our Employers/Managers & hurt none
It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day
I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked
WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.
-Someone gave me RED for this posting with NO comments-
I wish that educated moron could come in open to discuss the alternative approaches. with a issues like this probably we need mltiple approaches to get our msg clear.
Let us organise:
"WORK-ROUND-THE-CLOCK non-stop for 24 hours"
This will generate lot of interest in media for the hard-working immigrant community
It will get us support from our Employers/Managers & hurt none
It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day
I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked
WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.
-Someone gave me RED for this posting with NO comments-
I wish that educated moron could come in open to discuss the alternative approaches. with a issues like this probably we need mltiple approaches to get our msg clear.
WAIT_FOR_EVER_GC
07-13 12:40 PM
I am in the same boat.
You can't do much. Some say opening an SR is like raising a red flag,they might want to interview you. Get an info pass will have the same effect.
So I believe we should wait and let see if the ones before us have been cleared
and if not what steps have they taken.
Just enjoy the feeling that we are current in Aug and soon our wish will come true.
Insha Allah
sorry if this has been asked...
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
You can't do much. Some say opening an SR is like raising a red flag,they might want to interview you. Get an info pass will have the same effect.
So I believe we should wait and let see if the ones before us have been cleared
and if not what steps have they taken.
Just enjoy the feeling that we are current in Aug and soon our wish will come true.
Insha Allah
sorry if this has been asked...
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
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