add78
06-12 03:11 PM
If there was ever a greater need to call your congressman/woman/senator/CHC member, the time is NOW. As the momentum builds, we need to call in greater numbers to mobilize congressional support in terms of more sponsors. Please CALL per action items. Call now. Ask others to call. Make it a resolution to get one friend a day to call. And persuade that one friend to donate.
Together, we CAN make the change happen.
Together, we WILL be the change that we seek.
Yes We Can.
Yes We Will.
Yes We Are.
Together, we CAN make the change happen.
Together, we WILL be the change that we seek.
Yes We Can.
Yes We Will.
Yes We Are.
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mmj
04-19 01:36 PM
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
greencard
07-27 03:02 PM
This is the attitude of our guys. So desperate. The agents get irritated because of this.
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
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seratbabu
02-23 09:48 PM
Thank you all for your valuable suggestions... I have compiled the list from your posts and I will ask my attorney as to what all from here can be submitted...
1. marriage certificate
2. wedding photographs
3. wedding card invitation
4. property papers on joint name
5. other investments on joint name might help.
6. Indian passport has spouse's name entered
7. "Lease papers"
8. "Medical insurance papers with name of the spouse"
9. joint tax filed as additional proof.
10. Her H4 stamping etc can be a proof too
I am now trying to come up with a affidavit format that I need to send to some folks in India who attended our wedding and get those too... I will keep you all posted..
Cheers!
1. marriage certificate
2. wedding photographs
3. wedding card invitation
4. property papers on joint name
5. other investments on joint name might help.
6. Indian passport has spouse's name entered
7. "Lease papers"
8. "Medical insurance papers with name of the spouse"
9. joint tax filed as additional proof.
10. Her H4 stamping etc can be a proof too
I am now trying to come up with a affidavit format that I need to send to some folks in India who attended our wedding and get those too... I will keep you all posted..
Cheers!
more...
milestogo
07-22 04:27 PM
-What is the minimum period that one need to work with the employer who has sponsered the GC after receiving the GC?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
AUG2005GC
08-22 12:02 AM
I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
more...
looivy
07-13 05:57 PM
It for illegal folks.
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
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gsc999
04-11 12:49 PM
Update for Nor. Cal members:
We are arranging meetings with local law makers. This information has been posted on the Nor Cal Yahoo group by IV member Franklin.
I am posting this update here for new IV members from this area. PM me if you are interested in joining these meetings.
We are arranging meetings with local law makers. This information has been posted on the Nor Cal Yahoo group by IV member Franklin.
I am posting this update here for new IV members from this area. PM me if you are interested in joining these meetings.
more...
bondgoli007
03-22 11:30 AM
I am in the Bay Area, CA and have atleast 3 other people who are ready to approach the reps and senators.. can any of the senior CA chapter members guide me please?
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MLS
06-26 05:19 PM
Thank you very much !
visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.
Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.
visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.
Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.
more...
miguy
06-26 03:05 PM
checked with AAA.......they give only 4 free photos, you pay $10 for each additional set of 2 photographs.......who said they give all free photos for members?
I am being a little frugal:D :p :D
I am being a little frugal:D :p :D
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wahwah
06-05 02:59 PM
andy garcia,
its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.
it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:
In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).
The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).
and by the way...here is the Q1, Section 1 page the memo is talking about....
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.
it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:
In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).
The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).
and by the way...here is the Q1, Section 1 page the memo is talking about....
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
more...
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cheg
08-22 07:16 PM
Thanks for the info, roseball!
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/final_rule_on_labor_certification
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/final_rule_on_labor_certification
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
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tdasara
01-31 02:23 PM
Conversative estimate..
if 100,000 of them file for 485 USCIS would get $90 million!!!
if 100,000 of them file for 485 USCIS would get $90 million!!!
more...
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spicy_guy
10-19 01:37 PM
Mine RD: Sep 3rd
I have booked tickets for Nov 18th.
I think I can wait until this month end to start expediting process. I will have 17 days window.
What do you suggest guys? Is that a reasonable time or I should start right away?
Thanks
I have booked tickets for Nov 18th.
I think I can wait until this month end to start expediting process. I will have 17 days window.
What do you suggest guys? Is that a reasonable time or I should start right away?
Thanks
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plassey
08-23 12:04 PM
Cry baby!
1. If you are interested in knowing about IV very front page provide you ample of information
2. Understood there is only one bread earner, well you do pay 1000s of $ to fill stupid forms to lawyers. A fraction of that amount will produce bigger bang here at IV.
3. Some people here in IV are out of the job but still continuing on their mission. Unfortunately, cowards like you will also be benefited by their efforts.
4. If you really wanted to help, u could have started by joining the state chapter.
THE FACT OF THE MATTER IS PEOPLE LIKE YOU ARE GOOD FOR NOTHING, GO BACK TO YOUR HOLES. AND DON'T SHOW YOUR FACE HERE AGAIN.
When I joined this forum it was to look advice on my case and to offer help when I could. No one has ever taken the time to explain what the objectives of the Core are. What I see alot of are #1 asking people to contribute and #2 members complaining about people asking their questions in the wrong area or opening too many threads. Someone needs to explain fully what Core is doing and list ways for the members to help. I would love to help if I can. Unfortunately I don't have a lot to offer financially being that my husband and I are living off one income. I wish I could go to the rally but I cant afford to do that either. There must be some way that I can help- stuffing envelopes or something- anything. But what I would love to see is an explanation of what it is the Core is trying to accomplish and a set of guidelines for posting if possible because I am so sick and tired of seeing "please close this thread"
1. If you are interested in knowing about IV very front page provide you ample of information
2. Understood there is only one bread earner, well you do pay 1000s of $ to fill stupid forms to lawyers. A fraction of that amount will produce bigger bang here at IV.
3. Some people here in IV are out of the job but still continuing on their mission. Unfortunately, cowards like you will also be benefited by their efforts.
4. If you really wanted to help, u could have started by joining the state chapter.
THE FACT OF THE MATTER IS PEOPLE LIKE YOU ARE GOOD FOR NOTHING, GO BACK TO YOUR HOLES. AND DON'T SHOW YOUR FACE HERE AGAIN.
When I joined this forum it was to look advice on my case and to offer help when I could. No one has ever taken the time to explain what the objectives of the Core are. What I see alot of are #1 asking people to contribute and #2 members complaining about people asking their questions in the wrong area or opening too many threads. Someone needs to explain fully what Core is doing and list ways for the members to help. I would love to help if I can. Unfortunately I don't have a lot to offer financially being that my husband and I are living off one income. I wish I could go to the rally but I cant afford to do that either. There must be some way that I can help- stuffing envelopes or something- anything. But what I would love to see is an explanation of what it is the Core is trying to accomplish and a set of guidelines for posting if possible because I am so sick and tired of seeing "please close this thread"
more...
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mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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rb_248
06-05 01:55 PM
I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
The samples used are not a true representative of the actual EB2 or EB3 population.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
The samples used are not a true representative of the actual EB2 or EB3 population.
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shivarajan
06-10 03:52 AM
funny it says ...
"...... we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:...."
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
Can anything be grimmer than U (EB3) and 01-JAN-2000 --almost 1999 (EB2) which it is currently?
It may be "U" (that's not grim for us for sure, we can take anything now --some have lost it waiting long... so try out?)
Or ohhh wait r they creating a new record assigning something like 1991 for EB* (India) rather than U?
U don't even see cars that old on roads :D
"...... we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:...."
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
Can anything be grimmer than U (EB3) and 01-JAN-2000 --almost 1999 (EB2) which it is currently?
It may be "U" (that's not grim for us for sure, we can take anything now --some have lost it waiting long... so try out?)
Or ohhh wait r they creating a new record assigning something like 1991 for EB* (India) rather than U?
U don't even see cars that old on roads :D
reddymjm
05-14 11:07 AM
Are you also preaching? you made that guy delete his posts.
senthil1
08-08 12:13 PM
This situation may happen for many people. Now EB2 persons need to prepare for this situation because of PD movement. Also EB3 people also need to prepare for this situation in case recapture bill is passed. For chances of passing recapture bill is 50% and if it is passed it will be swift and fast.
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