HumHongeKamiyab
06-21 04:22 PM
In my lawyers requirement list there is only approved I 140..
At one post , I read this ???
Can some one confirm if we need to attach the copy of labor certificate ?
At one post , I read this ???
Can some one confirm if we need to attach the copy of labor certificate ?
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pani_6
08-21 08:47 PM
current Visa bullettin does not give any info about next months...its talks about other workers..can you point to the sentence where it says it going to be april01-nov 01??..
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.
Pineapple
07-11 01:24 AM
Please make the New York Times article and the Washington Post article the most viewed and most emailed articles on the site
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html
http://www.nytimes.com/2007/07/11/us/11visa.html
The Washington Post article is truly moving.. All those who sent the flowers, know that it was not a wasted effort.
Hats off to a brilliant campaign, and whoever came up with the idea...
DO email the article to all the people you know. That will generate a feedback loop which will propel this campaign forward..
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html
http://www.nytimes.com/2007/07/11/us/11visa.html
The Washington Post article is truly moving.. All those who sent the flowers, know that it was not a wasted effort.
Hats off to a brilliant campaign, and whoever came up with the idea...
DO email the article to all the people you know. That will generate a feedback loop which will propel this campaign forward..
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digital2k
09-09 03:48 PM
This is great
Inspire everyone...
I called the members and most of the calls went to voicemail. Left a message urging them to support the bill. I also started posting this in our university Indian student Association group so that they can start calling. I thank IV for the telephone numbers.
Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...
Inspire everyone...
I called the members and most of the calls went to voicemail. Left a message urging them to support the bill. I also started posting this in our university Indian student Association group so that they can start calling. I thank IV for the telephone numbers.
Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...
more...
shankar_thanu
07-11 09:07 AM
Looks like someone already added one of the stories to digg
http://www.digg.com/politics/Green_Card_Seekers_In_Flowery_U_S_Protest
please digg this story and any other relevant one...
http://www.digg.com/politics/Green_Card_Seekers_In_Flowery_U_S_Protest
please digg this story and any other relevant one...
GCwaitforever
03-26 11:05 AM
Always complain, even if there is no hard proof. The companies may not tell you on your face that they do not hire EADs. But the hiring manager or recruiter must be acting on a policy made elsewhere in the company, directed by some higher-up officials. It will be written somewhere. In that case, OSC can ask for archived e-mails, and phone conversations for a record of discrimination. If discrimination is proved, company is liable for fines, and the higher-up official is sacked. If there is no official communication, the company can claim that the hiring manager or recruiter is acting on his/her own and it is not the company policy. Then the hiring manager or recruiter is fired and the company pledges to enforce the rules strictly. Always a positive outcome for us.
Complain to EEOC also in addition to OSC. Double the pressure on the erring company and you would see quick results.
Complain to EEOC also in addition to OSC. Double the pressure on the erring company and you would see quick results.
more...
nmdial
09-24 12:06 PM
The link is still there: (if you meant the pending list)
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
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BharatPremi
09-24 11:34 PM
I have eb3 485 and am working on EB3 EAD. I do not have a h1b
Eb3 485 Filed on July 2007
Got a promotion at the same company in Jan 2009 and applied for Labor n Eb2 for the new position
Still wating for Perm approval in EB2
Beautifulmind,
I do not want to scare you but what you are claiming here i.e. while working on EB3-EAD aceepting promotion for a EB2-level skill can not be accepted by USCIS. You simply can not accept higher skill level based promotion like that. I think you should first sit down with a good lawyer and find out the solution of this already created mess and then think about interfiling.
Based on all info you provided it looks like our cases are not similar. I have already new approved I-140 - EB2 base - approved in year 2006. My 485 is attached to EB3.
Eb3 485 Filed on July 2007
Got a promotion at the same company in Jan 2009 and applied for Labor n Eb2 for the new position
Still wating for Perm approval in EB2
Beautifulmind,
I do not want to scare you but what you are claiming here i.e. while working on EB3-EAD aceepting promotion for a EB2-level skill can not be accepted by USCIS. You simply can not accept higher skill level based promotion like that. I think you should first sit down with a good lawyer and find out the solution of this already created mess and then think about interfiling.
Based on all info you provided it looks like our cases are not similar. I have already new approved I-140 - EB2 base - approved in year 2006. My 485 is attached to EB3.
more...
indianindian2006
09-10 02:14 AM
Wife called all of them I am starting to call now
Called all of them....... will call again tommorow
Called all of them....... will call again tommorow
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immi2006
11-07 09:46 PM
Hi,
I saw two LUDs on my 485, I found out one was after FP, the second one was after FP, BC clearance. I found mine was in name check
and USCIS officer told me, the name check is done for all. it takes 2 - 6 months time frame.. and for some it may be beyond
I saw two LUDs on my 485, I found out one was after FP, the second one was after FP, BC clearance. I found mine was in name check
and USCIS officer told me, the name check is done for all. it takes 2 - 6 months time frame.. and for some it may be beyond
more...
newuser
07-12 11:52 AM
Picture on an Indian Newspaper
http://andhrajyothy.com/
http://andhrajyothy.com/
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485Mbe4001
09-24 02:49 PM
no...
You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
NACARA program = 40180-5000=35180
(refer Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)
deduct 15% for consular processing = 29903
again consider 5 different Chargeability Areas
such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980
Worst case scenario, USCIS will have 5980 visas available for FY 2010.
Now, if you compare data published by USCIS on pending cases can we guess
we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?
Is it fair assessment?
You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
NACARA program = 40180-5000=35180
(refer Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)
deduct 15% for consular processing = 29903
again consider 5 different Chargeability Areas
such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980
Worst case scenario, USCIS will have 5980 visas available for FY 2010.
Now, if you compare data published by USCIS on pending cases can we guess
we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?
Is it fair assessment?
more...
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pd_recapturing
11-07 12:22 PM
Guys, we have already seen the Dec visa bulletin and there is absolutely no change in processing dates so its even more important to fix the AC21 issue ASAP. With this huge delay in 485 approval, more and more people will force to get into AC21 and will see more denials.
So please please, send letters.
So please please, send letters.
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desi485
11-17 04:17 PM
There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.
Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)
Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)
more...
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rajpatelemail
01-06 10:04 AM
NKR .. you know what it is all about..
Looks like all these guys are newbies and do not know the process.
People who stayed long time or having awareness know the GC/citizenship
process.
I do not say we can not do anything. But has to be a bit practical & plausible.
Looks like all these guys are newbies and do not know the process.
People who stayed long time or having awareness know the GC/citizenship
process.
I do not say we can not do anything. But has to be a bit practical & plausible.
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vnsriv
03-25 03:15 PM
Please read this http://www.klaskolaw.com/library/files/desk_reference_-_employee_verification,_employer_sanctions.pdf
The HR guy is ignorant and has no clue of serious implications of discrimimation
Other link is http://www.uslaw.com/library/article/article_182.html you have to be a member.
The HR guy is ignorant and has no clue of serious implications of discrimimation
Other link is http://www.uslaw.com/library/article/article_182.html you have to be a member.
more...
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gcForV
07-11 02:09 PM
What I think is
(1) Employee is covered.
(2) Family may not be covered
(3) Medical Exams, preparing supporting document(Birth certificate,shipping) charges not covered
(1) Employee is covered.
(2) Family may not be covered
(3) Medical Exams, preparing supporting document(Birth certificate,shipping) charges not covered
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gcsomeday
08-22 03:28 PM
http://immigration-information.com/forums/blog.php?b=13
The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
"...after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first..."
I wonder what additional legislation he is talking about here. Was there anything new we know about? If consultation means finding the intent of congress I wonder how much of it is BS.
This whole thing does not look objective. Even if it is, in all likelihood we are getting screwed by something that can possibly be changed again under the right circumstances.
The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
"...after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first..."
I wonder what additional legislation he is talking about here. Was there anything new we know about? If consultation means finding the intent of congress I wonder how much of it is BS.
This whole thing does not look objective. Even if it is, in all likelihood we are getting screwed by something that can possibly be changed again under the right circumstances.
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RanchCharm
11-07 10:33 AM
I just prepared all the letters and posted in regular mail.
Hope it will reduce some trouble for our immigration community.
Thanks IV and others.
-Nachi
Hope it will reduce some trouble for our immigration community.
Thanks IV and others.
-Nachi
jungalee44
05-06 08:48 AM
For the benefit of all. There is another way to know receipt number and it is valid only if you have given your own personal checks to USCIS. When the check is cleared from the bank, they make image of check available on their on line banking web site. The image shows front of the check; page down here and see the back side of the check. You will find all your receipt numbers on the back side.
I found out all my receipt numbers even before my attorney knew about it.
I found out all my receipt numbers even before my attorney knew about it.
jfredr
06-29 05:13 PM
06/29/2007: American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
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