
willwin
02-20 01:06 PM
judging by how much class you're displaying sorry to say your pet dog deserves a gc more than you do. :p
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
wallpaper Good Morning/Night

dilbert_cal
02-20 11:50 PM
Can you provide more details about your case ? - EB ? , PD ?, any RFE ? state ?....

Eternal_Hope
07-08 07:49 PM
I'm going to say this once more. As much as we try, we cannot bring the Indian community under one umbrella to act together. It's a pipe dream and not achievable. I've experienced every possible Indian specimen there is in the Bay Area. Indian community in US can NEVER be like the jewish or hispanic community. What we need is representation in the corridor of power (AKA Congress/ Senate), period. No number of phone calls from mere mortals like us will equate to one phone call from big-wigs such as Vinod Khosla or Indra Nooyi.
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
There is no "single best strategy" - Microsoft's Ex-Chairman has testified to the Congress many times and it has been well covered in the media.
Your efforts are very well appreciated. There needs to be multi efforts, IV's efforts being just one of them. There is no stopping people to take initiatives at the State Chapter levels. What we need is more motivated leaders like Pappu, Logic_Life, Aman, Paskal, NeedHelp!, ...................., and a lot of support from common people like us ............
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
There is no "single best strategy" - Microsoft's Ex-Chairman has testified to the Congress many times and it has been well covered in the media.
Your efforts are very well appreciated. There needs to be multi efforts, IV's efforts being just one of them. There is no stopping people to take initiatives at the State Chapter levels. What we need is more motivated leaders like Pappu, Logic_Life, Aman, Paskal, NeedHelp!, ...................., and a lot of support from common people like us ............
2011 With Quotes. good morning

chanduv23
11-17 08:59 AM
In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.
I was in similar situation last year, I got layed off after working for 5 years in same company and was on my 6th year h1b with eb3 L/C pending in BEC. I switched to consulting immediately and got extension based on the old L/C and applied for new GC.
These are situations that are not under our control. We must live with these FOL
I was in similar situation last year, I got layed off after working for 5 years in same company and was on my 6th year h1b with eb3 L/C pending in BEC. I switched to consulting immediately and got extension based on the old L/C and applied for new GC.
These are situations that are not under our control. We must live with these FOL
more...

enggr
03-17 03:52 AM
My dear friends,
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar

hydboy77
05-30 11:28 AM
Latest count is 178. Keep it going.
Guys I beg all of you to who have not voted to please vote. It might seem irrelevant or not useful to vote but even small things like these add up. We have threads like spelling bee going into multiple pages but not threads relevant and useful to us. Please vote not just for this but also have an open mind and participate in all activites. There is a thread where you can send a letter to whitehouse explaining our misery and asking for removal of country quota and visa recaprure, how many of you have sent the letter. Please do that .
Guys I beg all of you to who have not voted to please vote. It might seem irrelevant or not useful to vote but even small things like these add up. We have threads like spelling bee going into multiple pages but not threads relevant and useful to us. Please vote not just for this but also have an open mind and participate in all activites. There is a thread where you can send a letter to whitehouse explaining our misery and asking for removal of country quota and visa recaprure, how many of you have sent the letter. Please do that .
more...

jonty_11
08-22 02:17 PM
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
check b4 u post man....this thing has been cut and paste a billion times...
Concentrate on the DC Rally instead plz
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
check b4 u post man....this thing has been cut and paste a billion times...
Concentrate on the DC Rally instead plz
2010 bestfriend quote quotes

aachoo
02-13 10:08 PM
Not related to this thread but I did not want to open a new thread for this question..
As you can see I am EB2-I (info above) and am waiting in line for my turn but I am just wondering if L1 route to GC is quicker? If so then how?
Not that I am trying to do it because I can not :) but I know someone who just got his GC via L1 in matter of months and here we all EB guys are waiting..
Thanks.
I know people (Indian) who have applied for EB1 after being in L1 for a couple of years and got the GC in 6 months. There is a category for International Manager (or something similar) that qualifies them for EB1.
-a
As you can see I am EB2-I (info above) and am waiting in line for my turn but I am just wondering if L1 route to GC is quicker? If so then how?
Not that I am trying to do it because I can not :) but I know someone who just got his GC via L1 in matter of months and here we all EB guys are waiting..
Thanks.
I know people (Indian) who have applied for EB1 after being in L1 for a couple of years and got the GC in 6 months. There is a category for International Manager (or something similar) that qualifies them for EB1.
-a
more...

Canadian_Dream
12-20 01:24 PM
This MEMO also talks about length of stay beyond 6 years. There has been a lot of controversy involving changing job after 3 years H1B extension based on approved I-140. This memo seems to clarify that a little, but it is still not clear enough about implication of revoked I-140 on the approved H1B.
See Section 5, Page 7
Burden of proof rests with petitioner and alien to establish his or her eligibility....
I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.
See Section 5, Page 7
Burden of proof rests with petitioner and alien to establish his or her eligibility....
I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.
hair sipping morning tea

kart2007
05-17 12:52 PM
First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.
So I assume you told this to your neighbor who lives downstairs :D
So I assume you told this to your neighbor who lives downstairs :D
more...

prioritydate
08-17 10:56 PM
me too.
EB2 PD - March 2004
I485 - RD - July 27 2007
You have been current for over 2 months. I am not sure why they are not touching your file. Are you stuck in a name check?
EB2 PD - March 2004
I485 - RD - July 27 2007
You have been current for over 2 months. I am not sure why they are not touching your file. Are you stuck in a name check?
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gc_on_demand
06-10 03:18 PM
Was USCIS following prediction of OMBUDSMAN ???? or OMBUDSMAN WAS PREDICTING TRUE....
This was dated in May 2007. before july fiasco.
"This loss of visas is due to: (1) gaps in USCIS� accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States). There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38"
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
PAGE 2-3
This was dated in May 2007. before july fiasco.
"This loss of visas is due to: (1) gaps in USCIS� accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States). There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38"
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
PAGE 2-3
more...
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NKR
02-13 10:26 AM
I was on 5th year
Sorry Shana,
I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.
Thanks,
Sorry Shana,
I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.
Thanks,
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beppenyc
03-16 04:07 PM
I have just read it.
Did you read the Tancredo send a letter to the SJC to warn them?
Did you read the Tancredo send a letter to the SJC to warn them?
more...
pictures hot Subject - Good Morning

dingudi
11-19 01:51 PM
I dont know what to do. I opened an SR on Oct 8,2007. My ND is Sept 10. And so far no FP appointment yet. My app is at TSC.
Apahilaj/anyone with similar dates , did you guys get the FP yet.
Apahilaj/anyone with similar dates , did you guys get the FP yet.
dresses Good Morning/Night

amitps
10-11 10:11 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Did you attend the rally?
Did you attend the rally?
more...
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thecipher5
04-03 12:21 PM
Hello!
I'm willing to meet the lawmakers for the immigration bill in New Jersey...
If anyone else who is already working on this or has scheduled any appointment, please let me know.
-- thecipher5
I'm willing to meet the lawmakers for the immigration bill in New Jersey...
If anyone else who is already working on this or has scheduled any appointment, please let me know.
-- thecipher5
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need_EAD
04-01 11:52 PM
sent fax
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nozerd
04-13 11:21 AM
This whole GC system is so unfavorably tilted and discriminatory towards Indians its unbelievable.
I also think its very unfair. I being EB3 India with PD of August 2001 is stuck whereas someone in my same category who is EB3 World who filed 2 yrs later than me is now elig to get greencard.
This f.... sucks. Stupid f system
I also think its very unfair. I being EB3 India with PD of August 2001 is stuck whereas someone in my same category who is EB3 World who filed 2 yrs later than me is now elig to get greencard.
This f.... sucks. Stupid f system
gianik
05-25 10:37 AM
Jaime - thanks for your post. I am looking for as much info as I can get. I hear all kinds of thing about Canada ranging from very positive to very depressing.
Could you please clarify what you mean by "it took just over a week". For most of my friends that applied while in US it took about 7-9 month to recieve the appraval to enter. For one guy it took 5 month. By this I mean the time betweent when they sent the application and received final approval.
One more thing. Tere is so much talk about "low" wages, and I presume people are comparing in absolute terms with US wages. Are wages really low in relative terms to the cost of living or can you live decently and also be able to afford some travel and leisure?
Thanks
Could you please clarify what you mean by "it took just over a week". For most of my friends that applied while in US it took about 7-9 month to recieve the appraval to enter. For one guy it took 5 month. By this I mean the time betweent when they sent the application and received final approval.
One more thing. Tere is so much talk about "low" wages, and I presume people are comparing in absolute terms with US wages. Are wages really low in relative terms to the cost of living or can you live decently and also be able to afford some travel and leisure?
Thanks
Ramba
04-01 06:53 PM
Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS). If it is the law firm mistake ( if you have not requested your attorney to withdraw your 485), contact him to rectify his mistake. That means, he has to put his full effort to get the application back to USCIS. You can even sue them for a hefty amount for the damages they have done. If it is a USCIS mistake, MTR may work well, to get back the 485 in line. As the primary applicant already received the GC, it is tricky. So, contact another atttorney for second opinion and contact AILA, if required.
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