mchatrvd
07-31 11:58 AM
I can understand cases where dates are current. But how they decide on cases which might have "visas available in coming months"? Do they know beforehand the movement of dates for coming months? or does that mean they continue pre-adjudicating cases in an order (probably by Priority Date)?
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GCplease
01-22 10:01 AM
FY EB1 EB2 EB3
2003 1,266 8,536 10,647
2004 2,998 16,262 19,889
2005 6,336 16,687 23,250
2006 3,156 3,720 3,006
2007 2,855 6,203 17,795
2008 5,327 14,819 3,576
21,938 66,227 78,163
Going forward, EB3 would be in 3000 to 4000 range unless we come together as a force and act.
Really sad to see these numbers.
Most of the EB3 numbers in 2004, 2005 and 2007 would have gone to Nurses and Physios.
Looks like, we have been in this 3 to 4k range for a while.
Heaven save us.
2003 1,266 8,536 10,647
2004 2,998 16,262 19,889
2005 6,336 16,687 23,250
2006 3,156 3,720 3,006
2007 2,855 6,203 17,795
2008 5,327 14,819 3,576
21,938 66,227 78,163
Going forward, EB3 would be in 3000 to 4000 range unless we come together as a force and act.
Really sad to see these numbers.
Most of the EB3 numbers in 2004, 2005 and 2007 would have gone to Nurses and Physios.
Looks like, we have been in this 3 to 4k range for a while.
Heaven save us.
snathan
04-02 02:15 PM
I am not sure abt Senator Grassley and others but someone in your home could answer your curiosity about my balls. lol...Take your shot man
You might need to check yourself if you have balls...before someone else have done with your family...you are not sure only about Senator Grassley or about your balls also. If so, make sure you dont have neighbour. otherwise things would go ugly for you...Take your shot now..
You might need to check yourself if you have balls...before someone else have done with your family...you are not sure only about Senator Grassley or about your balls also. If so, make sure you dont have neighbour. otherwise things would go ugly for you...Take your shot now..
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roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
more...
lahiribaba
07-02 02:48 AM
last time i posted this idea everyone ridiculed.
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
franklin
06-15 09:06 PM
[FONT="Microsoft Sans Serif"]From numerous visits to USCIS facilities, the Ombudsman has observed that adjudicators prefer to work on the cases that are easiest to complete. Adjudicators pick the �low hanging fruit� first because supervisors base performance evaluations on the number of cases completed. Consequently, adjudicators put aside the most difficult and time-intensive cases. These cases remain pending, perhaps for years, while backlog reduction appears generally to be succeeding.
Is there any information on what an "easy" case is?
Is there any information on what an "easy" case is?
more...
gauravsh
07-03 10:28 PM
all though I have a permanent job and valid h1 till 2012, with i140 cleared. I am planning to move back to india. I am all supportive for this law suit.
I also wish to add a clause to add SSN and medicare to be returned back in this law suit.
I also wish to add a clause to add SSN and medicare to be returned back in this law suit.
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Sree Swathi
04-21 01:48 PM
thanks bugsbunny
they are doing that now...
i become very sad every time i send them back to india....they don't want to leave me.....
i want them to stay with me forever.
6 moths shuttle too hard for them.
they are doing that now...
i become very sad every time i send them back to india....they don't want to leave me.....
i want them to stay with me forever.
6 moths shuttle too hard for them.
more...
Jaime
09-27 07:15 PM
Can we have an action item for this? If core agrees and shows us a green signal, we can hit it immediately. I'm sure we can manage a lot of volunteers on this one :)
Can we at least send in copies of our degrees? Congress is considerig immigratio-related bills, are we gona sit there and let this opportunity pass? WE'VE ALREADY WAITED LONG ENOUGH GUYS!!!!
Can we at least send in copies of our degrees? Congress is considerig immigratio-related bills, are we gona sit there and let this opportunity pass? WE'VE ALREADY WAITED LONG ENOUGH GUYS!!!!
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sathishav
03-09 12:24 PM
Here is the timeline for folks that are not serious
EB2 India: Waiting for July - October spillovers thinking that most EB2 will be current. The prediction threads have hyped this a lot. Many will benefit this year. But many will miss this bus too. Some from those who will miss this bus, would be back wanting to do something in Nov - May timeframe. Others will waste their time on predictions and trackers and make those site owners rich.
EB3 India: Many who filed in July 2007 are still happy with EAD status. They worry and contact IV only if their I140 is revoked, I485 denied or if EAD renewal is delayed. Some still sulk or want to blame someone (even IV) for their delays. Those who have not filed I485 yet are few in number. Many new Eb3s still do not know the extent of the backlogs. With time they will slowly learn about the backlogs and wait times. When they suffer due to lack of EAD, they will all make noise on IV asking for some action. This is the reason why the I485 filing action item thread is still weak and pre-mature. I would give another 2 years for the non-I485 folks to have retrogression sink in.
Retrogression is not going away. If it goes away, only applicants will benefit from it. And these applicants are too weak and small in number to even raise their voice. So why would anyone pass a law to make these people happy that do not even want any law changed. After 2 years all the folks who are not participating in advocacy days and contributing, will contribute to IV. At that time, if we in core are still around, would rather ask them to lead the effort if they can and if they are really serious. The current advocacy day campaign and contributions are a measure of seriousness for us to plan our next agenda items.
Agree with Pappu.
We maybe happy now with EAD, but, we never know. Consider this, as per Yates memo
This memo is just a "interim guidance" and NOT a law. That does not make me very comfy. If it is a law, we can always appeal in court. Not sure about an "interim guidance "
It also clearly mentions, "this is an interm guidance and the final law can be more restrictive".
In the Yates memo, the 180 day rule is very Lenient , which many of us interpreted or will interpret in our favor.
EB2 India: Waiting for July - October spillovers thinking that most EB2 will be current. The prediction threads have hyped this a lot. Many will benefit this year. But many will miss this bus too. Some from those who will miss this bus, would be back wanting to do something in Nov - May timeframe. Others will waste their time on predictions and trackers and make those site owners rich.
EB3 India: Many who filed in July 2007 are still happy with EAD status. They worry and contact IV only if their I140 is revoked, I485 denied or if EAD renewal is delayed. Some still sulk or want to blame someone (even IV) for their delays. Those who have not filed I485 yet are few in number. Many new Eb3s still do not know the extent of the backlogs. With time they will slowly learn about the backlogs and wait times. When they suffer due to lack of EAD, they will all make noise on IV asking for some action. This is the reason why the I485 filing action item thread is still weak and pre-mature. I would give another 2 years for the non-I485 folks to have retrogression sink in.
Retrogression is not going away. If it goes away, only applicants will benefit from it. And these applicants are too weak and small in number to even raise their voice. So why would anyone pass a law to make these people happy that do not even want any law changed. After 2 years all the folks who are not participating in advocacy days and contributing, will contribute to IV. At that time, if we in core are still around, would rather ask them to lead the effort if they can and if they are really serious. The current advocacy day campaign and contributions are a measure of seriousness for us to plan our next agenda items.
Agree with Pappu.
We maybe happy now with EAD, but, we never know. Consider this, as per Yates memo
This memo is just a "interim guidance" and NOT a law. That does not make me very comfy. If it is a law, we can always appeal in court. Not sure about an "interim guidance "
It also clearly mentions, "this is an interm guidance and the final law can be more restrictive".
In the Yates memo, the 180 day rule is very Lenient , which many of us interpreted or will interpret in our favor.
more...
GCBy3000
05-28 06:59 PM
Simple. COntribute to IV and work as a team. Are you ready?
This is so outrageous! :mad:
What can legals do then to change the situation? :confused:
This is so outrageous! :mad:
What can legals do then to change the situation? :confused:
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maanj
03-10 11:40 AM
Receipt No: 3260-0001-4561-7493 , didnt get any transaction id: think should be OK.
more...
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gcseeker2002
12-10 04:53 PM
Is the use of EAD possible from 180 days after Receipt date or notice date ? I just crossed the 160 day mark, but I still dont have EAD. Can I use the requirement to use EAD(like a pending job offer) as a reason for Emergency to expedite my EAD, the uscis folks want some real reason to expedite the EAD application.
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long_waitgc
03-19 11:06 AM
Instead of fighting EB3 or EB2, can we throw up this idea -
Whatever be the priority date - whether EB2 or EB3, a person should submit proof of filing Income Tax from the time they were in US. This way a person who came in 2001 and filed for labour in say 2002 under EB3 - will have higher priority (provided he/she submits Tax filing proof for 8 years) than a person under EB2 with 2006 priority date and filed taxes only for say -4 years. (or the same person who moved from EB3 to EB2 can also benefit from this) i.e. the priority should be determined based on how much a person has contributed to US economy. For the Govt. to generate some money, all GC applicants can be asked to pay a small fee(say $100 per applicant) to IRS to get proof of filing income tax returns.
Just my 2 cents.
Whatever be the priority date - whether EB2 or EB3, a person should submit proof of filing Income Tax from the time they were in US. This way a person who came in 2001 and filed for labour in say 2002 under EB3 - will have higher priority (provided he/she submits Tax filing proof for 8 years) than a person under EB2 with 2006 priority date and filed taxes only for say -4 years. (or the same person who moved from EB3 to EB2 can also benefit from this) i.e. the priority should be determined based on how much a person has contributed to US economy. For the Govt. to generate some money, all GC applicants can be asked to pay a small fee(say $100 per applicant) to IRS to get proof of filing income tax returns.
Just my 2 cents.
more...
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panky72
06-25 05:00 PM
1)Now a days AP renewal is taking 6 months
Mine was approved in less than 2 months (NSC)
Mine was approved in less than 2 months (NSC)
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getgreened2010
09-27 10:14 AM
Hi I am applying advance parole for the first time, I am a july 2007 485 filer but never really cared to apply AP. Now I am planning to go to India in december what are my chances of getting my AP approved before that. Below are my case details:
Service Center - Texas
Method of filing - efile
Filing date - 08/30/2010
Received date - 08/30/2010
Documents Sent - 09/3/2010
Documents Received- 09/5/2010
LUD - 09/13/2010
RFE if any - None
Approved / denial - None
Service Center - Texas
Method of filing - efile
Filing date - 08/30/2010
Received date - 08/30/2010
Documents Sent - 09/3/2010
Documents Received- 09/5/2010
LUD - 09/13/2010
RFE if any - None
Approved / denial - None
more...
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msyedy
05-24 08:08 PM
PD - Sep 2002
Labour Certification approved - May 2005
I-140 - Not filed yet
I am about to file I-140 (PP) and I-485 concurrently beginning of June.
But looks like the the May 21st cut-off screws it up completely.
I have heard someone say that I might escape the new law if I get a Green Card before the law is enenforced on (10/1/2008). Does this assumption even hold any ground? Doesn't the proposed bill say that anyone who has filed I-140 after May 21st 2007 has to reapply regardless of where he is in the process.
Gurus please advice.
Your are good , do not worry.. file I-485 and take advantage of that.
You have waited a very very long time.
Labour Certification approved - May 2005
I-140 - Not filed yet
I am about to file I-140 (PP) and I-485 concurrently beginning of June.
But looks like the the May 21st cut-off screws it up completely.
I have heard someone say that I might escape the new law if I get a Green Card before the law is enenforced on (10/1/2008). Does this assumption even hold any ground? Doesn't the proposed bill say that anyone who has filed I-140 after May 21st 2007 has to reapply regardless of where he is in the process.
Gurus please advice.
Your are good , do not worry.. file I-485 and take advantage of that.
You have waited a very very long time.
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apnair2002
04-16 07:29 AM
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>Bumping up
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nat23
11-09 09:59 AM
Patrick Leahy is pro-immigration (the to-be chair of the Senate Judiciary Committee). Here is his voting record:
Patrick Leahy on Immigration
Click here for 6 full quotes on Immigration OR background on Immigration.
Voted YES on establishing a Guest Worker program. (May 2006)
Voted YES on allowing illegal aliens to participate in Social Security. (May 2006)
Voted YES on giving Guest Workers a path to citizenship. (May 2006)
Voted NO on allowing more foreign workers into the US for farm work. (Jul 1998)
Voted YES on visas for skilled workers. (May 1998)
Voted NO on limit welfare for immigrants. (Jun 1997)
http://www.ontheissues.org/Senate/Patrick_Leahy.htm
Patrick Leahy on Immigration
Click here for 6 full quotes on Immigration OR background on Immigration.
Voted YES on establishing a Guest Worker program. (May 2006)
Voted YES on allowing illegal aliens to participate in Social Security. (May 2006)
Voted YES on giving Guest Workers a path to citizenship. (May 2006)
Voted NO on allowing more foreign workers into the US for farm work. (Jul 1998)
Voted YES on visas for skilled workers. (May 1998)
Voted NO on limit welfare for immigrants. (Jun 1997)
http://www.ontheissues.org/Senate/Patrick_Leahy.htm
ramus
08-13 06:44 PM
This is my first message after so long time...
USCIS stoped issuing interim EAD before years... We just been to local office this Monday and they said they don't issue it any more..
Do you have offical link to this memo??
According to June 12 2008 memo from USCIS FAQ :
If you filed Form I-765 more than 90 days ago and have not received a decision, who should you contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.
PM if you want a pdf copy
USCIS stoped issuing interim EAD before years... We just been to local office this Monday and they said they don't issue it any more..
Do you have offical link to this memo??
According to June 12 2008 memo from USCIS FAQ :
If you filed Form I-765 more than 90 days ago and have not received a decision, who should you contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.
PM if you want a pdf copy
sc3
11-17 04:24 PM
... And got a red dot! see the comment:
"
Gultu, what's wrong with you? Are also one of them (blood sucker)? shame on you!!!
"
Why don't you come out form hiding and post this ???
Started this thread with 2 green dots, and so far I have 3 red dots . . .
Gave you some green. Dont worry much about the reds (I myself got a couple for this post), there are some (many) hijadas in this forum that are incapable of constructive arguments and resort to anonymous reputation poisoning.
"
Gultu, what's wrong with you? Are also one of them (blood sucker)? shame on you!!!
"
Why don't you come out form hiding and post this ???
Started this thread with 2 green dots, and so far I have 3 red dots . . .
Gave you some green. Dont worry much about the reds (I myself got a couple for this post), there are some (many) hijadas in this forum that are incapable of constructive arguments and resort to anonymous reputation poisoning.
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