kinvin
02-12 02:46 PM
Hi GCWaitforever,
I am wondering that did they have to do the advertisements for the Non-RIR case of yours.
In TR cases the advts were done later, but now after a "half-a-decade" wait does the Dept of Labor still want the advts for Backlogged cases.
Thanks,
I am wondering that did they have to do the advertisements for the Non-RIR case of yours.
In TR cases the advts were done later, but now after a "half-a-decade" wait does the Dept of Labor still want the advts for Backlogged cases.
Thanks,
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santb1975
06-03 01:30 PM
This is great
Contributed $100 just now
(Receipt ID: 3118-4400-XXXX-XXXX).
------------
$200 contributed so far
Contributed $100 just now
(Receipt ID: 3118-4400-XXXX-XXXX).
------------
$200 contributed so far
Ramba
10-21 04:07 PM
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.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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Green.Tech
06-19 02:12 PM
If the economy is holding up like it does, other issues including immigration may get put on the backburner. This is the time to stand up and make our voices heard. Please step up and contribute for the massive lobbying that we (you and I) need to do to get these action items taken care of.
Don't think that other guys are contributing and this will be taken care of by iteself since I have other channels where my money is flowing into, and that I will contribute later if one of the bills get to the house floor etc. This is the time your help is needed the most. Each and every penny that you contribute matters.
It's high time we all see the big picture and stand up for ourselves because you know why...No one else is looking out for us but IV (us)!
Don't think that other guys are contributing and this will be taken care of by iteself since I have other channels where my money is flowing into, and that I will contribute later if one of the bills get to the house floor etc. This is the time your help is needed the most. Each and every penny that you contribute matters.
It's high time we all see the big picture and stand up for ourselves because you know why...No one else is looking out for us but IV (us)!
more...
chennaigc
04-01 08:00 PM
paying customers.
One word and it is golden word indeed!!!!
One word and it is golden word indeed!!!!
ansh78
02-10 10:42 AM
I really think we are all split between EB2 and EB3. EB2 folks don't give a damn about EB3 dates.
more...
rajuram
06-09 11:16 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
visa recapture - no chance
visa increase - will not happen
still contribute??
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saimrathi
06-06 04:04 PM
Hello,
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
more...
eastindia
05-14 02:20 PM
I made 5 calls today during my lunch time. It looked like they were getting our message and writing it down.
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paskal
09-30 04:07 PM
USCIS can process recaptured numbers. If 200k numbers are in one year USCIS will plan for 200k numbers in that year.In 2000 they processed more applications after a immigration reform. One way of preventing wastage is plan to process all the applications in 11 months. If any unused numbers can be processed in that one month.
if they give green cards for sucking up?
and by your usual logic, why can't they plan for 140,000 every year? they know in advance don't they? there has been a year in which almost half the green cards were wasted- look it up yourself- the fact remains that they waste every year and it is useless to expect that they will suddenly and consistently do much more than is being asked now. unless...something changes...
just for my info do you find anything at all wrong with the whole process? or are we just misguided fools that you are here to educate?
if they give green cards for sucking up?
and by your usual logic, why can't they plan for 140,000 every year? they know in advance don't they? there has been a year in which almost half the green cards were wasted- look it up yourself- the fact remains that they waste every year and it is useless to expect that they will suddenly and consistently do much more than is being asked now. unless...something changes...
just for my info do you find anything at all wrong with the whole process? or are we just misguided fools that you are here to educate?
more...
senthil1
10-03 04:40 PM
Increasing green card numbers will resolve this problem also. For example doubling the Visa numbers will not have much impact when CIS wastes a few hundred or a few thousand Visa numbers. If Annual cap is 300k then also CIS may waste 5k Visa numbers every year on average. But without increasing gc numbers even full utilization of 140k Visa will not have any impact Indian PD as demand is high.
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
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sbdol
07-20 10:46 PM
I must say I was really shocked !
What the argument would one bring against recapturing of the lost visas ?
People who are in the line will eventually get their greencards although going through much more suffering. So from the point of view of anti/proimmigrants the amendment does not change anything in the long run.
If they were concenred about H-1Bs that part could be debated and split from the visa recapture issue.
I wander how would many answer inevitable questions from the press about word & dead discrepancies. Practivally everybody who opposed CIR claimed that they suppor legal immigration but do not want to encourage those who broke the law and came here illegaly. It's like a movie where the truth reveals in the most unexpected form.
Well at least they have shown their true faces now.
What the argument would one bring against recapturing of the lost visas ?
People who are in the line will eventually get their greencards although going through much more suffering. So from the point of view of anti/proimmigrants the amendment does not change anything in the long run.
If they were concenred about H-1Bs that part could be debated and split from the visa recapture issue.
I wander how would many answer inevitable questions from the press about word & dead discrepancies. Practivally everybody who opposed CIR claimed that they suppor legal immigration but do not want to encourage those who broke the law and came here illegaly. It's like a movie where the truth reveals in the most unexpected form.
Well at least they have shown their true faces now.
more...
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Sunx_2004
03-04 12:54 PM
I noticed soft LUD on 485s last week for me and my wife...not sure what that means..
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
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desi485
11-17 05:07 PM
Update: Googling and found the murthy forums thread which I mentioned earlier.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl (atleast 2 of them) reported successfully renewed EAD, AP while appeal to 485 denial was pending.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl (atleast 2 of them) reported successfully renewed EAD, AP while appeal to 485 denial was pending.
more...
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chiragmodi
09-10 10:28 AM
So far contributed $200. Can not make it to the rally because of prior commitments.
EB3
pd: dec 2005.
lc approved: Jan 2006
I-485 filed on july 2 and fp done on 09/07.
Thanks guys for all your efforts. This is massive!!!!!!!!!!!!!!!!!
EB3
pd: dec 2005.
lc approved: Jan 2006
I-485 filed on july 2 and fp done on 09/07.
Thanks guys for all your efforts. This is massive!!!!!!!!!!!!!!!!!
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santb1975
06-07 04:16 PM
We need 1244$ to make it to 20K. Can we do it?
more...
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Marphad
03-03 01:39 PM
i just hope it moves by 1-2 months...so at that rate..we can be certain that they know what they are doing.
somebody should sue USCIS for transperancy!
Actually you and I are "somebody" too!
somebody should sue USCIS for transperancy!
Actually you and I are "somebody" too!
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sumagiri
04-30 04:57 PM
look here at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
For calculation purpose, I think they used up 140,000 * 85% * 65% = 77,000 (approx). Look at page 3 (last but one para) "According to DOS, applicants for adjustment of status currently account for 25% of annual family-based visa allocations and 85% of annual employment-based visa allocations."
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
For calculation purpose, I think they used up 140,000 * 85% * 65% = 77,000 (approx). Look at page 3 (last but one para) "According to DOS, applicants for adjustment of status currently account for 25% of annual family-based visa allocations and 85% of annual employment-based visa allocations."
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GTGC
09-13 07:52 PM
Press Release sent to
Star TV Asia
Buffalo News
Star TV Asia
Buffalo News
vayumahesh
10-22 09:12 AM
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.
chanduv23
05-20 01:21 PM
Thanks a lot for all the members who have shared their knowledge and insight into this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
ind_game is now fully charged up to do something about these issues and has expressed his support to help fixing this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
ind_game is now fully charged up to do something about these issues and has expressed his support to help fixing this issue.
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