Rinsha
02-26 07:31 PM
Came across this article:
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?
Thanks
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?
Thanks
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kosars
10-02 05:39 PM
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
ItIsNotFunny
06-25 11:10 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
This varies from company to company. Mine, company pays all attorney fees. I have to pay for EAD and Advance Parole USCIS fees. Their argument is valid, they say that they pay for GC process. EAD and AP are not required as they are paying for my H1. Still they pay attorney charges for EAD and AP.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
This varies from company to company. Mine, company pays all attorney fees. I have to pay for EAD and Advance Parole USCIS fees. Their argument is valid, they say that they pay for GC process. EAD and AP are not required as they are paying for my H1. Still they pay attorney charges for EAD and AP.
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rajenk
04-27 01:24 PM
Sorry to hear that. That was really sad. Any ways past is past. Do the following.
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
more...
abd
08-09 02:24 PM
You can have experience in any country not necessary in USA. But the experience earned at current employer is not considered towards 5 years
53885
08-10 01:44 AM
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
more...
Saralayar
07-27 10:58 AM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
Who is going to verify that it is your handwriting???:p Don't think and worry too much...;)
Who is going to verify that it is your handwriting???:p Don't think and worry too much...;)
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tdasara
02-08 09:37 AM
L1A - qualifies for EB1 but Indian companies very rarely do it.
L1B - EB2/EB3 but again not many sponsor.
L1B - EB2/EB3 but again not many sponsor.
more...
gc_chahiye
04-20 01:06 AM
Hope this answers your question.
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
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gcisadawg
12-17 11:35 AM
What a lousy and pathetic system it is , the so called USCIS. I mean they want ppl to wait for a decade to follow all the rules legally to get GC.
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
The way things are going, I wont be surprised if the backlog crosses the double digit! 7 years and 2 months and counting...:(
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
The way things are going, I wont be surprised if the backlog crosses the double digit! 7 years and 2 months and counting...:(
more...
legalrights
08-19 12:27 AM
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
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kirupa
11-19 07:04 PM
Congrats lost! Voting twice for your own name *coug* mdipi *cough* doesn't really help all that much =)
Cheers!
Kirupa :rambo:
Cheers!
Kirupa :rambo:
more...
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brb2
09-22 08:23 AM
Not really. I truly believe the Skill bill will be passed by mid next year to allow all STEM Masters to stay back and adjust status automatically like in Australia. There is a crisis in the US with very few students entering STEM and the US will very likely retain international students by hook or crook. This will also clear the queue for non US qualified temporary workers in the queue for green card.
The chances of the bill being passed in the current pre-election highly charged political atmosphere is minimal at best. But then one never knows..!
Thanks! guys.....All in the same boat then....Screwed.....
The chances of the bill being passed in the current pre-election highly charged political atmosphere is minimal at best. But then one never knows..!
Thanks! guys.....All in the same boat then....Screwed.....
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alterego
01-14 08:06 PM
Cut and paste for me by my attorney:
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
Interesting. This probably does not even include the July Fiasco filers or the Last minute Labor sub. users either.
300 for December with a PD set at Jan 02!:eek::eek::eek:
Looks like anyone from India with a PD 2003 or later is in for a lot of waiting.
I'm not entirely clear why 3 applicants made them make the PD unavailable in Jan.
We can only hope for a PD jump if EB ROW spares some numbers in the final quarter. I think(perhaps I am hoping) they might move the PDs a little starting in June. If EB1 retrogresses or if EB ROW moves too fast even that might be out.
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
Interesting. This probably does not even include the July Fiasco filers or the Last minute Labor sub. users either.
300 for December with a PD set at Jan 02!:eek::eek::eek:
Looks like anyone from India with a PD 2003 or later is in for a lot of waiting.
I'm not entirely clear why 3 applicants made them make the PD unavailable in Jan.
We can only hope for a PD jump if EB ROW spares some numbers in the final quarter. I think(perhaps I am hoping) they might move the PDs a little starting in June. If EB1 retrogresses or if EB ROW moves too fast even that might be out.
more...
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TelanganaINDIA
10-04 10:55 PM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
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capriol
05-14 04:18 PM
Dear Folks:
A few questions on my Advanced Parole filing (with an 485 pending):
(1) What is the best explanation for Part 7 of the form I-131 which says, "On a seperate sheet of paper, please explain how you qualify for an advance parole document, and what circumstances warrant issuance of an advance parole."
(2) Approximately how long does the AP approval take, and for how long is the permit valid?
Thanks.
A few questions on my Advanced Parole filing (with an 485 pending):
(1) What is the best explanation for Part 7 of the form I-131 which says, "On a seperate sheet of paper, please explain how you qualify for an advance parole document, and what circumstances warrant issuance of an advance parole."
(2) Approximately how long does the AP approval take, and for how long is the permit valid?
Thanks.
more...
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GCSOON-Ihope
10-17 03:26 PM
Can we find out the status of namecheck from USCIS or from any FBI website during retrogresssion. I applied 485 an year ago. Can i find out if atleast the name check is cleared even though my PD is not current.
They usually initiate the name check process shortly after filing I-485.
Since yours was filed a year ago, then of course it would be very interesting to know your status regarding the damn name check, retrogression or not.
However, this info is not always easy to get. You might try several ways: call Customer service, make Infopass appointment...In the ultimate case, you will have to ask your Congressman to inquire for you...
I personaly e-mailed USCIS California Center (CSC-XII.485@dhs.gov). What's really weird is that the first two times they responded within a week but the third time, when I "naively" asked if they could expedite that name check, the reply was an automated message:
"we no longer reply to e-mails, for all inquiries call Customer service bla bla bla..."!!!
I suppose I was just lucky the first times! The third time maybe they just got fed up with my "stupid" questions??!!:confused:
They usually initiate the name check process shortly after filing I-485.
Since yours was filed a year ago, then of course it would be very interesting to know your status regarding the damn name check, retrogression or not.
However, this info is not always easy to get. You might try several ways: call Customer service, make Infopass appointment...In the ultimate case, you will have to ask your Congressman to inquire for you...
I personaly e-mailed USCIS California Center (CSC-XII.485@dhs.gov). What's really weird is that the first two times they responded within a week but the third time, when I "naively" asked if they could expedite that name check, the reply was an automated message:
"we no longer reply to e-mails, for all inquiries call Customer service bla bla bla..."!!!
I suppose I was just lucky the first times! The third time maybe they just got fed up with my "stupid" questions??!!:confused:
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sbabunle
01-22 06:07 PM
Dear Core Group,
We all understand that IV core group is sacrificing a lot. We all know
that you guys have families, job and thousand other good things to do. But
you guys have chosen to fight this menace.
There are some members who wanted to see the spending or doubt
the motives of core group. But let me assure that, those who doubts IV are a very few.
Thanks a lot core group. You guys are doing a monumental job!!!!!
I request all the members to put a "THANK YOU" to the core group on this thread
babu
We all understand that IV core group is sacrificing a lot. We all know
that you guys have families, job and thousand other good things to do. But
you guys have chosen to fight this menace.
There are some members who wanted to see the spending or doubt
the motives of core group. But let me assure that, those who doubts IV are a very few.
Thanks a lot core group. You guys are doing a monumental job!!!!!
I request all the members to put a "THANK YOU" to the core group on this thread
babu
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coopheal
10-09 10:57 PM
I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.
The reason is faulty data uscis and dos has been publishing.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
The reason is faulty data uscis and dos has been publishing.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
amitkhare77
02-02 05:31 PM
My I-140 and I-458 have different A#. I always put both the number on the EAD/AP application i.e. A#123456/A# 7890123. no problem so far
gc_chahiye
07-09 05:27 PM
how to change my vote then???
I dont think you can change your vote.
In any case this poll is only to get a feel of how things are out there. A wrong vote here or there does not matter
As long as 2003/2004/2005 folks who have already-filed stay in low numbers it might indicate good PD movement in those years (since numbers wont be used up so soon and USCIS/DOS might have to move dates forward to start pushing out approvals. New people will then file and the usage will climb and dates slow down again).
If, on the other hand USCIS is sitting on tons of 2003/2004 PD I-485s, then date movement is going to be slow
I dont think you can change your vote.
In any case this poll is only to get a feel of how things are out there. A wrong vote here or there does not matter
As long as 2003/2004/2005 folks who have already-filed stay in low numbers it might indicate good PD movement in those years (since numbers wont be used up so soon and USCIS/DOS might have to move dates forward to start pushing out approvals. New people will then file and the usage will climb and dates slow down again).
If, on the other hand USCIS is sitting on tons of 2003/2004 PD I-485s, then date movement is going to be slow
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