jonty_11
07-06 10:52 AM
I have reiterated this again and again. There is no way USCIS was going to accommodate all of us as per the original VB. We will form the biggest hump on the back of USCIS and it will probably 20 yrs for every one to come out of the system. Remember, how much math we did on how many years EB2 India /Eb3 india/china will take? Thats what they see as well. Why would they want so many applications backlogged. The only way they can disallow filings is by saying that there are no visa numbers available on day one. You have to have a visa number available at the time of 485 filing. They cleared out all the old PD's. Believe me, If the original bulletin was not current, they would have done the same in 90 days with some numbers gone waste. It was a bad situation for both agencies. I am not saying that they have not goofed up. they goofed up big time and I can clearly see the lack of communication on issue like this which effects so many people. We can use this as an opportunity to show case our root cause or we can use this in a detrimental way that will screw our nuts and bolts for 10 more years.
I understand wht you mean...
Our root cause (which cuases depays in getting GCs) is the USCIS is not efficient have process breakdowns and needs streamlining.....
This press release substantiates that and hopefully IV and AILA will be able to use that in a positive way. However, apart from a law suit I do not think anything will get USCIS/DOS/Congresses attention.
I am sure after this news, there will be questions asked by DHS (Chertoff) of the uSCIS.
I understand wht you mean...
Our root cause (which cuases depays in getting GCs) is the USCIS is not efficient have process breakdowns and needs streamlining.....
This press release substantiates that and hopefully IV and AILA will be able to use that in a positive way. However, apart from a law suit I do not think anything will get USCIS/DOS/Congresses attention.
I am sure after this news, there will be questions asked by DHS (Chertoff) of the uSCIS.
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nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
Green.Tech
06-09 11:32 AM
Bump.
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conundrum
09-15 05:21 PM
I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!
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bskrishna
07-11 11:54 AM
I am of the opinion that the dates might retrogress to somewhere in 2005 June as the worst case (by Oct-Nov), because the 05 numbers should really be low to start with due to PERM issues. Again this is just my educated guess.
chanduv23
05-15 10:16 PM
Maybe someone that has had to go through this can respond.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
Depends on ur employer. Usually after AC21 - it is obvious that there is no fee involved and many companies hire you after ac21 because they do need to deal with stuff like this.
Your employer ONLY needs to give a letter as per the AC21 rule and thats it.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
Depends on ur employer. Usually after AC21 - it is obvious that there is no fee involved and many companies hire you after ac21 because they do need to deal with stuff like this.
Your employer ONLY needs to give a letter as per the AC21 rule and thats it.
more...
akred
03-30 06:17 PM
Last I knew every H1 is a non-resident alien.
Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.
If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.
Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.
If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.
2010 2009 Honda Civic Si Coupe,
vaishnavilakshmi
08-07 12:15 PM
hi all,
USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
more...
snhn
06-10 11:08 AM
I was hoping against all odds that this was not going to be true when they announced it last month. The iron is that I have been current for the last 2 months now. But when one thing reaches the goal, the other slows down. The damn TSC is was processing June applications while mine is early August. I am hoping that they allocated my file so that when they reach August date, visa would be available for me.
I have EAD and AP and alos have h1 until 2010. in 2010, I would have completed 11 years on H1b visa. My company maybe doing layoffs in the next few months, and I was hoping to get my GC by then. I dont wish to to use EAD because I have a DWI and its safe to stay on H1 for that.
how are the oppourtunities out there for Quality Aussrance/ Analysts.
I have EAD and AP and alos have h1 until 2010. in 2010, I would have completed 11 years on H1b visa. My company maybe doing layoffs in the next few months, and I was hoping to get my GC by then. I dont wish to to use EAD because I have a DWI and its safe to stay on H1 for that.
how are the oppourtunities out there for Quality Aussrance/ Analysts.
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arkrish68
09-27 12:45 PM
Arrived in early 2001
started processing GC in 2003
filed 1st application in 2003 - application went to backlog elimination center
left the company, filed second application in March 2006 - EB2
got I 140 approval in 2006
applied for I485 in June 2007
Waiting till today for the I485 approval
started processing GC in 2003
filed 1st application in 2003 - application went to backlog elimination center
left the company, filed second application in March 2006 - EB2
got I 140 approval in 2006
applied for I485 in June 2007
Waiting till today for the I485 approval
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FinalGC
12-18 11:00 AM
I would suggest, if we have 4-5 people per day for 31 days do the hunger strike. This will have a greater impact than just 1 day of hunger strike. The day should be strategized to match with the opening of the Congress session in 2007.
Are there 150 people ready to do that.
Are there 150 people ready to do that.
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kshitijnt
04-30 05:09 PM
atleast there was bipartisan frustration on part of congressmen on both sides except for the king guy
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nogc_noproblem
07-11 01:30 PM
In order to avoid visa wastage, there is no ‘per country limit’ during the last quarter, that could be the main reason for this quantum leap in EB2-I PD movement.
Looks like DOS was not clear about the number of pending cases until a month ago and that’s why this movement was not happened last month - July, which was the first month in last quarter.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
Looks like DOS was not clear about the number of pending cases until a month ago and that’s why this movement was not happened last month - July, which was the first month in last quarter.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
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PrayForEveryone
07-23 03:57 PM
I know 3 friends of mine who got an email for USCIS rearding the GC approval. They all had priority dates around April-June 2004 EB3 India. These are the lucky ones who got labor cleared in 2-3 months (just prior to BEC/PERM) and had filed 485/140 concurrently.
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khukubindu
01-03 12:32 PM
Has anyone have any idea about this ?
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imv116
07-15 09:08 PM
We can request participation from other ethnic organizations, but that would be minimal unless they are victims of July VB bulletin.
If the cause was overall legal immigration, certainly we can request/demand such participation.
-imv116
If the cause was overall legal immigration, certainly we can request/demand such participation.
-imv116
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gc_aspirant_prasad
07-05 07:54 PM
Hi Folks-
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Way to go !!
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Way to go !!
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meandmygc
09-10 04:48 PM
Contributed $100 via Google checkout. I could not make to the rally but planning on sponsoring one of our friend who can make it.
I personally thank all the guys who are attending the rally in person, much appreciated.
I personally thank all the guys who are attending the rally in person, much appreciated.
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imm_pro
09-11 04:32 PM
wow..what a novel and legal way to humiliate...yes i am in
gcisadawg
02-08 02:39 AM
If the girl is working and earning money, she has all the rights to spend the way she wants, including giving money to her parents. If she is not working, then help should be based only on humanitarian basis because we never know when one's financial situation changes. I can't understand how any girl can force her husband to spend for her parents and siblings especially when she is not earning.
Raju
07-06 01:55 PM
Yeah but if the PDs are set as unavailable, what can they do about those cases anyway, as the priority date has to be current on the day of approval in the consulate.
Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.
I think they have to be current when they get an appointment or something like that. I am pretty sure that they accounted those 18k as CP numbers
Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.
I think they have to be current when they get an appointment or something like that. I am pretty sure that they accounted those 18k as CP numbers
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