Thursday, June 9, 2011

mai valentine

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  • shreekhand
    07-18 05:54 PM
    I am not sure if the guy with PD 2001 will get the number first as against one with PD 2006 when everything is "C" in the example you presented.

    Past data, experience from my acquaintances, official NSC statements as well the SOP clearly indicates the contrary.


    priti8888, What is the USCIS 485 processing date in your senario?

    Your Receive Date is a factor but PD is also a big factor, if limited number available.

    If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.

    USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"

    Still PD with 2001 will get the the number first before PD 2006 case.

    So
    485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
    Order by PD desc

    hope this help




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  • zoooom
    08-19 03:14 AM
    Bump




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  • Amma
    09-09 12:22 AM
    Dear friends,

    Contributed $ 300 today via google .

    Keep going IV.


    Amma




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  • amitkhare77
    11-08 07:40 PM
    No, this is only the processing time for labor application, the whole process took a lot longer than this. I first submitted my document to the lawyer in the last week of January this year. Lawyer prepared my case, wages approval etc. it took around 1+ month to get preventing wages. then advertisement, recruitment process etc.
    almost 8 month to finish all the requirements before the company could actually file the labor application.

    I hope this answers your question.
    Wow! Just in less than 2 months? What about the Ad stuff? Does this include everything?



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  • lonedesi
    06-21 12:19 PM
    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.

    process, thanks to Cohen & Grisby PERM presentation at the recent AILA conference.

    So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.




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  • susie
    07-06 12:01 AM
    Ref cspa and age outs

    I have a lawsuit filed for cspa and awaiting outcome

    Suing Attorney General, Goeff Gorsky head of VO opinions section at dept of state, Evelyn Upchurh of TSC

    They have 60 day to reply from end March 07, then requested additonal 30 days which my immigration attorney agreed to for professional ethics.

    So we were at 90 at end Jun 07 and the day before the lawyer for attorney engeral called my lawyer,

    Apparently my case file is very thin and as of that Date Geoff Gorsky had not replied to his own attorney!! Their attorney has requesed yet another 30 days and stated on the phone to my lawyer that he wants a resolution to my sons case. For more info go to www.expatsvoice.org

    But will update here when I get any news



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  • abhisec
    07-15 03:59 PM
    sent $10 thru bill pay. Let's keep going!




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  • rameshk75
    05-22 03:31 PM
    People are very busy since morning looking for a positive news regarding the amendments..there is no time to contribute !!

    IV members, try to contribute otherwise nothing will happen without lobbying !!



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  • immi_twinges
    07-20 03:31 PM
    She recently announced in her campaign that she will increase the H1B visas
    She also made a statement that she will try for more benefits for permanent residents.

    She does not want to support only the people who are in the process of immigration???

    Whats up with that.

    May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties

    or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy

    They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
    I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
    Then we are sorry.

    Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
    There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.

    We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much

    Why is there a misconception about us?

    Lets get this thought out of these bone heads

    We are not middle class job stealers...We are the building blocks of a strong middle class




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  • ramus
    07-06 01:29 PM
    When you come with such statement please give source?


    it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July. :rolleyes:



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  • willwin
    06-11 12:33 PM
    How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?

    More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.




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  • softcrowd
    12-27 09:04 AM
    The notion "If you enter back on H1B, your GC process is abandoned" is utterly wrong. AP is an interim benefit which you may or may not use. Actually there are few people who never applied for EAD/AP due to various reasons....

    Your 485 is just not impacted no matter you use your EAD/AP or h1B while reentering!



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  • eastindia
    03-06 09:35 PM
    I feel like giving up today after I saw a friend of mine leaving to india with a US Citizenship and an overseas citizen of india card.

    The irony is he applied two months after me in the same category except his application was from a different state.

    Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:

    Going back after US citizenship makes sense. He can come back when he wants and also get social security, medicare etc

    But going back before that is defeat.




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  • pani_6
    12-16 11:06 AM
    we need to write to Sen Joe Lofgren now more than ever..she will try to push the legal bill..also we need to write to her to compensate for some of the waiting time ...so that it gets counted for the citizenship..at least from when the I-485 was applied..I think we will see some sort of push for this ..my only concern is that we again will get caight with the illegals and our issue will be pushed to the side

    Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..

    time for some action now..



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  • indio0617
    03-09 11:28 AM
    Guys:

    missed the last 5 mins... Work came up.




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  • rex
    09-24 12:59 PM
    Ok. Now lets say I have EAD cards for me (primary applicant) and my wife. I can now have my wife start a company and have a job position similar to where I work. Now after 180 days, can I work for my wife's company invoking AC21 with my EAD??:D
    and so when an RFE comes from USCIS , can this be shown as the similar job offer?

    Really speaking, The USCIS only wants a promise of employment when they are adjudicating form 485 saying that I will be given a job after I get my green card:). So can I literally work anywhere for any job using my EAD until green card gets fully approved as long as I have a promise of employment (by my wife's company)? :p
    Ofcourse i am risking the chance of being out of status if my 485 gets denied. i just want to make sure it wont get denied because the "similar job" offer is from my relatives (wife's) company.

    any thoughts??:confused:

    Rex



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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate




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  • chintu25
    09-11 04:40 PM
    Singhsa

    I am in

    :mad::mad::mad:




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  • chanduv23
    11-08 03:07 PM
    Gurus,

    I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.

    1. Will this immediately cancel my EAD? if so, I may have to resign.
    2. If I continue working while filling for MTR, will it be illegal?
    3. How much it costs to go thru' MTR process? How long it takes?

    I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?

    see my blog http://immigrationvoice.org/forum/blog.php?b=12




    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 ?




    mirage
    04-30 03:56 PM
    I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???



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