amitjoey
07-11 01:08 PM
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
wallpaper Mount Rushmore
add78
06-20 10:30 AM
Is there no one here who has a few $ to donate to the organization that gave them so much back, just think about how lucky some of you were to be able to file 485 last july! That alone should be enough reason to donate! Please, please give back to the community that gives you so much in return!
Do what you can
At least do the action items and call the representatives.
Thousands of legal immigrants waiting in EB queues and yet we can't reach even $20K. Let's change this perspective. Please donate in your good conscience.
Thank You.
Do what you can
At least do the action items and call the representatives.
Thousands of legal immigrants waiting in EB queues and yet we can't reach even $20K. Let's change this perspective. Please donate in your good conscience.
Thank You.
fairboy
07-24 07:56 PM
Any advice? Anything at all?
But it did not help much. Basically, when you call PBEC if you come across the switch board operator, who usually sits in the forenoon sessions, you will not have any luck at all. She would ask you to send any queries/questions thru your attorney. I called both DOL and PBEC numbers several times. DOL people, while souding helpful, always said that they are helpless. As for PBEC, most times, I ran into this operator who gruffly told me to talk to my lawyer. I did talk to someone other than the switch board operator on a few occassions and they did give me some useful information. I then used that information to pester my attorney to take some action. I found it is generally best to call on Wednesdays/Thursdays during afternoon sessions. This is just my personal observation. In your case, there is nothing wrong in trying, is there? It is better to try and fail than not trying at all...
My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...
Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.
fb
But it did not help much. Basically, when you call PBEC if you come across the switch board operator, who usually sits in the forenoon sessions, you will not have any luck at all. She would ask you to send any queries/questions thru your attorney. I called both DOL and PBEC numbers several times. DOL people, while souding helpful, always said that they are helpless. As for PBEC, most times, I ran into this operator who gruffly told me to talk to my lawyer. I did talk to someone other than the switch board operator on a few occassions and they did give me some useful information. I then used that information to pester my attorney to take some action. I found it is generally best to call on Wednesdays/Thursdays during afternoon sessions. This is just my personal observation. In your case, there is nothing wrong in trying, is there? It is better to try and fail than not trying at all...
My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...
Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.
fb
2011 Mount Rushmore
maddipati1
11-21 04:00 PM
But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
more...
chanduv23
09-10 10:01 AM
They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..
Not quite true - this is done at 140 not 485
Not quite true - this is done at 140 not 485
gangster
07-18 01:44 PM
Contributed $100 and will sign up for monthly contrbution.
Thanks again IV and all members.
Thanks again IV and all members.
more...
javadeveloper
08-14 05:33 PM
USCIS should come up with strategy like if you are in US for 'X' years and if your 485 pending for 'Y' years and if you own a house worth 'XXX$' , then they should give GCs irrespective of Category(Eb1,Eb2,Eb3,Eb4 etc..)
2010 Mount Rushmore of sports,
lazycis
11-20 06:25 PM
Yep, Ron G. precisely described risks of focusing on maintaining H1 and forgetting about maintaining EAD.
more...
chanduv23
11-21 04:53 PM
But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?
Well once the h1b extension is granted - it is not retreated. It means that the person is in h1b status till the h1b expires (My understanding)
Now if 485 is denied when your h1b expiration's last day - then yes you are definitely out of all statuses
Such a thing is rare because person either files for h1b extension well before h1b expires or atleast decided he will use EAD
Issues will arise when h1b has to be extended and person is running out of time on existing h1b and the 140 revoke /485 denial happens (like say few weeks only because person was lazy to file h1b extension atleast 180 days before its expiry and decided to not use premium processing and h1b extension is pending)
Well once the h1b extension is granted - it is not retreated. It means that the person is in h1b status till the h1b expires (My understanding)
Now if 485 is denied when your h1b expiration's last day - then yes you are definitely out of all statuses
Such a thing is rare because person either files for h1b extension well before h1b expires or atleast decided he will use EAD
Issues will arise when h1b has to be extended and person is running out of time on existing h1b and the 140 revoke /485 denial happens (like say few weeks only because person was lazy to file h1b extension atleast 180 days before its expiry and decided to not use premium processing and h1b extension is pending)
hair Mount Rushmore National
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!!
more...
vikki76
07-18 12:06 PM
Hmm..didn't see any email for this action alert/Funding drive. I thought all IV action alerts were sent out as e-mails.
Franklin,can you please forward this to our Northern Calif chapter?
Franklin,can you please forward this to our Northern Calif chapter?
hot Gutzon Borglum: Mount Rushmore
JazzByTheBay
09-12 12:04 AM
This is great... thanks! :)
Dear XXXX,
The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.
Dear XXXX,
The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.
more...
house on Mount Rushmore in 2005.
satishku_2000
07-05 03:16 PM
I called my congressmans office and made them aware of the issue. He is Gary Miller 42nd district of CA.
tattoo The Mt. Rushmore of Gruesome
Green.Tech
06-22 08:18 PM
...where art thou'?:)
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pictures Happy Presidents Day (and some
lonedesi
08-04 04:14 PM
Letter to be sent for an I-140 petition pending at TSC:
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners
I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.
Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners
I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.
Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
dresses RV Trip Picture Gallery
ganguteli
03-12 03:35 PM
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
Please do not convince your friends.
If you are yourself not contributing, how will you convince them to contribute. :D
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
Please do not convince your friends.
If you are yourself not contributing, how will you convince them to contribute. :D
more...
makeup Mount Rushmore Image
DesiPardesi
07-13 04:43 PM
Having some samples loaded will help other members in contacting. I agree that personal story will be more effective but atleast we will know format of request.
Thanks.
Thanks.
girlfriend Mount Rushmore was sculpted by
ujjwal_p
09-10 06:55 PM
This will depend on two factors
Demand from EB1 and EB2-ROW
USCIS allocation strategy (Quarterly spillover or year end spillover)
From historic data I have seen some 15-25k visa spillover to EB2/EB3 India-China, this number varies based on demand of various EB categories each year.
With H-1B cap coming down in 2004 to 65000, demand should go down by a decent margin post 2004, since its the H-1B's which will lead up to the EB queue.
By the way Sachug/vdlrao, do we know if this will be yearly or quarterly spillover. If it is year end, what does this mean? September or July(beginning of last quarter)? And I am sure there is documentation about this new horizontal spillover method from USCIS, but I can't seem to find it. Could someone point me to that. Thanks!
Demand from EB1 and EB2-ROW
USCIS allocation strategy (Quarterly spillover or year end spillover)
From historic data I have seen some 15-25k visa spillover to EB2/EB3 India-China, this number varies based on demand of various EB categories each year.
With H-1B cap coming down in 2004 to 65000, demand should go down by a decent margin post 2004, since its the H-1B's which will lead up to the EB queue.
By the way Sachug/vdlrao, do we know if this will be yearly or quarterly spillover. If it is year end, what does this mean? September or July(beginning of last quarter)? And I am sure there is documentation about this new horizontal spillover method from USCIS, but I can't seem to find it. Could someone point me to that. Thanks!
hairstyles Mount Rushmore with Air Force
desi chala usa
01-06 10:25 AM
Don't forget the education is the biggest business in U.S.A and the immigration is the second one, thats what I learned from my 5 years experience. Both businesses dragging money from foreign ppl (International student has to pay 3-4 times more than local).
chanduv23
10-21 03:08 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.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
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.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
dask
09-01 11:00 AM
Came to US in 2000 Labor filed 2002 Jan 31st in EB-3........took 4 yrs to clear labor from Dallas backlog center...I-140 approved in 2007 and filed I-485....
Still counting days...........gave up actually....USCIS will probably start VIBYORG instead of
VIBGYOR
First :Violet card
Second: Indigo card
Third: Blue card
Fourth: Yellow card
Fifth: Orange card
Sixth: Red card
Seventh: Green card
:mad:
good luck to all......
~dask
PD Jan 31st 2002 EB-3 (I)
Still counting days...........gave up actually....USCIS will probably start VIBYORG instead of
VIBGYOR
First :Violet card
Second: Indigo card
Third: Blue card
Fourth: Yellow card
Fifth: Orange card
Sixth: Red card
Seventh: Green card
:mad:
good luck to all......
~dask
PD Jan 31st 2002 EB-3 (I)
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