mirage
08-04 12:18 PM
Since you don't know that EB-3 PD was Nov-2001 before it became unavailable it tells me that you are not EB-3 India.
I believe this thread is not for you please move on. Please don't disrupt something not meant for you and not going to harm you...
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
I believe this thread is not for you please move on. Please don't disrupt something not meant for you and not going to harm you...
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
ganguteli
03-13 02:49 PM
While we work in different Please find addresses at 15
Telephone (202) 225-3072
Stop Spamming the forum. I will write the letter only if core asks me. Its a waste of postage money and nobody reads email in such offices from junk senders.
Telephone (202) 225-3072
Stop Spamming the forum. I will write the letter only if core asks me. Its a waste of postage money and nobody reads email in such offices from junk senders.
mkashif4
10-05 10:52 AM
14 years and still waiting for GC. Switched several companies and working on EAD now.
langagadu
03-04 12:19 PM
do have your 140 approved?
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
more...
munnu77
03-16 10:20 AM
I just called ....
They said they r trying to fix it...
They said they r trying to fix it...
GC08
06-02 02:57 PM
Who knows what is going to happen? Look at the mess we have now... who can tell that they are not going to create more mess this time ... esp. for those who stay in the line and wait, wait, wait ... forever!
I have to agree with what someone on this forum said before... being legal, being patient and being nice does not pay. :(
Look at the whole immigration debate, all the amendments proposed and all the special interests group... where were we put? Those stuck in the backlogs were never paid attention to.
Sorry for being pessimistic and negative... but if history provides any indication of the future, it definitely has clearly shows the imcompetence of all the government agencies involved (at best)... at worst, it is a total scam/conspiracy... be it government agencies (have you heard fee increases, wasted visa #s, forever renewals?), employers (have you heard blood-sucking employers), and even some lawyers.
Don't know about you. But I have lost confidence about the whole green card thing. :(
I have to agree with what someone on this forum said before... being legal, being patient and being nice does not pay. :(
Look at the whole immigration debate, all the amendments proposed and all the special interests group... where were we put? Those stuck in the backlogs were never paid attention to.
Sorry for being pessimistic and negative... but if history provides any indication of the future, it definitely has clearly shows the imcompetence of all the government agencies involved (at best)... at worst, it is a total scam/conspiracy... be it government agencies (have you heard fee increases, wasted visa #s, forever renewals?), employers (have you heard blood-sucking employers), and even some lawyers.
Don't know about you. But I have lost confidence about the whole green card thing. :(
more...
desi485
11-18 03:50 PM
We must also step forward and work towards resolving other things
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
perm
07-20 04:10 PM
Hilary and Obama said NO to Legal Immigration...
MCcain said YES...
Choice is yours..
i Will vote for his (MCcain) great great grandson when I get citizenship (and if I am alive)
MCcain said YES...
Choice is yours..
i Will vote for his (MCcain) great great grandson when I get citizenship (and if I am alive)
more...
McLuvin
04-12 01:43 PM
What's happening with the PERM approval guys??
No approval off late... Its going in a snail pace since the last 10-20 days
BR,
McLuvin
No approval off late... Its going in a snail pace since the last 10-20 days
BR,
McLuvin
chisinau
07-23 04:40 AM
fruity, I agree with the thread:
http://immigrationvoice.org/forum/showthread.php?t=10774
There will be retro again with steady, small movement each months...
advantages: predictability
disadvantages: deep retrogression and realy slow movement of PD:(
But nobody knows for sure what will be in October 2007...
http://immigrationvoice.org/forum/showthread.php?t=10774
There will be retro again with steady, small movement each months...
advantages: predictability
disadvantages: deep retrogression and realy slow movement of PD:(
But nobody knows for sure what will be in October 2007...
more...
reddymjm
03-12 02:35 PM
I do not support this donor ONLY idea.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Its just not pappu.
We all felt like increasing the goal becasue out the 100 or so FOIA responses we got atleat we should be able to respond to couple of them. FOIA is not the only one needing money.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Its just not pappu.
We all felt like increasing the goal becasue out the 100 or so FOIA responses we got atleat we should be able to respond to couple of them. FOIA is not the only one needing money.
.jpg "funny quotes for exams. funny quotes for exams. funny; funny quotes for exams. funny. munkery. May 2, 04:05 PM")
GayatriS
01-08 06:43 PM
And respect and humility are another thing that differentiate us Indians from others!
more...
makemygc
07-06 03:29 PM
There are many members who think IV and other members are fighting for re-reversal of VB or increase in visa number for 2007....
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
I don't mean to disrespect you but I guess you are going too far with your words. We are with IV much before you born..ok so do not dare teach us what we should be doing, with your 49 posts.
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
I don't mean to disrespect you but I guess you are going too far with your words. We are with IV much before you born..ok so do not dare teach us what we should be doing, with your 49 posts.
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
swissgear
08-23 08:47 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
more...
factoryman
06-21 01:15 PM
Link to post at IV (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)
and
today's Post (http://immigrationvoice.org/forum/showpost.php?p=87874&postcount=131)
Don't understand what you mean? I could not locate your other post about C&G. Please guide me to that post.
Also, why in the world do they have to slow down processing PERM applications? And that too the Atlanta Center? May it is time for them to transfer all the cases from Atlanta center to Chicago center and dedicate the Atlanta center to process other work.
Just does not make sense at all.
and
today's Post (http://immigrationvoice.org/forum/showpost.php?p=87874&postcount=131)
Don't understand what you mean? I could not locate your other post about C&G. Please guide me to that post.
Also, why in the world do they have to slow down processing PERM applications? And that too the Atlanta Center? May it is time for them to transfer all the cases from Atlanta center to Chicago center and dedicate the Atlanta center to process other work.
Just does not make sense at all.
virtual55
09-13 04:35 PM
http://www.andhraheadlines.com/World/BrowseArticle.aspx?ArtID=2303
more...
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.
tabletpc
08-26 09:40 AM
Hope you guys realize this forum is for immigration purpose...!!!!:mad:
if not let me know what school is good in Bangalore..my frind wants to get his kid admitted to school.:D:D:D
if not let me know what school is good in Bangalore..my frind wants to get his kid admitted to school.:D:D:D
prem_goel
07-06 10:56 AM
I think the impetus required by IV will take time. Just 2 years ago, most of us got EADs/APs for themselves. It'll take time for the frustration to build up in those people who missed the boat. Their numbers are not many. It'll be a while before their numbers grow and they demand some kind of similar action from the US government.
abhisam
07-13 04:47 PM
count us in..simi valley
peyton sawyer
07-23 02:57 AM
i am from asia.. i'll hopefully be working in NY.
thank you for your quick reply.
anyway, my PD is Aug. 2005. when did you send to NVC your updated DS230?
thank you for your quick reply.
anyway, my PD is Aug. 2005. when did you send to NVC your updated DS230?
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