gc26
07-06 07:27 AM
Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !
wallpaper Having fun with my Pampered
Mayday
05-09 11:32 PM
Yes, it does. So it's a vertical orientation and says "temporary visitor status expires mm/dd/yyyy" in red.
It would be really interesting to get that law quote, as it might effectively make it impossible to get contract jobs with terms shorter than 12 months (actually even 13 months to be realistic).
It would be really interesting to get that law quote, as it might effectively make it impossible to get contract jobs with terms shorter than 12 months (actually even 13 months to be realistic).
skillet
06-18 11:14 AM
I filed my labor on Feb 5th and still in processing. My lawyer has opened an enquiry but so far no response. I read this in the Immigration -law site:
As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.
Hope something works out quickly before we miss the bus. I am planning to send an email or request to my Senator. Any ideas on this?
Thanks
As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.
Hope something works out quickly before we miss the bus. I am planning to send an email or request to my Senator. Any ideas on this?
Thanks
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Canadian_Dream
06-02 01:56 PM
You are not really screwed if (a big if) somehow you get a chance to file for I-485.
PS: I am not supporting the bill and I hate it as much as you do.
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
PS: I am not supporting the bill and I hate it as much as you do.
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
more...
Kodi
06-29 02:53 PM
My labor was filed May 8th so its only 6 months before my H1 expire.
Imm_Exploited
07-30 11:42 AM
USCIS - FAQ2 on I-485 Filing (http://www.uscis.gov/files/pressrelease/FAQ2.pdf) Could be of some Relief
rbhatia88
Some of the answers by USCIS to some questions on the FAQ2 could be of some relief to you.
Here are some that could be directly related to your situation:
Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.
Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status between July 2, 2007 – July 16, 2007 as a direct result of the inability to file for employment-based adjustment during that period?
A26. USCIS has discretion to consider extraordinary circumstances that are beyond the alien’s control and may forgive a short gap in status for such aliens.
Just ensure that you have proof of delivery of I-485 to the USCIS.
Sincerely - IE
rbhatia88
Some of the answers by USCIS to some questions on the FAQ2 could be of some relief to you.
Here are some that could be directly related to your situation:
Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.
Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status between July 2, 2007 – July 16, 2007 as a direct result of the inability to file for employment-based adjustment during that period?
A26. USCIS has discretion to consider extraordinary circumstances that are beyond the alien’s control and may forgive a short gap in status for such aliens.
Just ensure that you have proof of delivery of I-485 to the USCIS.
Sincerely - IE
more...
h_shaik
09-28 06:45 PM
If the information is correct and authentic can IV make a complient to Zoe Lofgren who played significant role in July 2007 Visal bulletin fiasco. I hope she might respond in the similar way.
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
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ragz4u
03-16 04:03 PM
Here's a link to his website
http://frist.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=2306
I have a feeling it will have some pro-immigrant stuff too....the next 10 days are going to be very interesting
Text of Bill Frist's statement below
March 16th, 2006 - WASHINGTON, D.C. � U.S. Senate Majority Leader Bill Frist, M.D. (R-TN) today announced his intention to introduce a border security bill before the recess to ensure the Senate has a border security bill ready for debate during the week of March 27:
�Our country needs security at our borders in order to slow the flow of illegal immigration and make America safer from foreign criminals and terrorists. That�s why today I will introduce a border security bill, to guarantee the Senate will have legislation available for consideration the week of March 27.
�This bill will be based on the consensus enforcement, visa reform and immigration litigation reform titles of Chairman Specter�s mark-up of border security legislation and focus on ensuring strict enforcement of our nation�s immigration laws. I look forward to bringing a border security bill to the floor during the week of March 27 and allowing the full Senate to start work on border security and interior law enforcement, as well as comprehensive immigration reform, so that America is more secure and our constituents are safer. It is my hope that the Judiciary Committee will be able to report a bill we can bring to the floor that meets these objectives. As a country of immigrants who respect the rule of law, I expect us to honor those heritages as this debate unfolds.�
http://frist.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=2306
I have a feeling it will have some pro-immigrant stuff too....the next 10 days are going to be very interesting
Text of Bill Frist's statement below
March 16th, 2006 - WASHINGTON, D.C. � U.S. Senate Majority Leader Bill Frist, M.D. (R-TN) today announced his intention to introduce a border security bill before the recess to ensure the Senate has a border security bill ready for debate during the week of March 27:
�Our country needs security at our borders in order to slow the flow of illegal immigration and make America safer from foreign criminals and terrorists. That�s why today I will introduce a border security bill, to guarantee the Senate will have legislation available for consideration the week of March 27.
�This bill will be based on the consensus enforcement, visa reform and immigration litigation reform titles of Chairman Specter�s mark-up of border security legislation and focus on ensuring strict enforcement of our nation�s immigration laws. I look forward to bringing a border security bill to the floor during the week of March 27 and allowing the full Senate to start work on border security and interior law enforcement, as well as comprehensive immigration reform, so that America is more secure and our constituents are safer. It is my hope that the Judiciary Committee will be able to report a bill we can bring to the floor that meets these objectives. As a country of immigrants who respect the rule of law, I expect us to honor those heritages as this debate unfolds.�
more...
akp
07-20 12:30 PM
I don't believe all 750000 are EAD wannabies!
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rameshk75
05-22 03:31 PM
People are very busy since morning looking for a positive news regarding the amendments..there is no time to contribute !!
IV members, try to contribute otherwise nothing will happen without lobbying !!
IV members, try to contribute otherwise nothing will happen without lobbying !!
more...
cjagtap
08-10 09:51 PM
any TSC receipts??????? mine was TSC -2 nd July..
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eb3_nepa
07-14 01:29 PM
Do you know how to pay online from my bank account? I checked the contributions page, but it discusses about paying through Paypal (and for $100+).
Simply send the check of $5 to Immigration Voice at the address listed in the first post as if you were paying a utility bill. That way your bank will send IV a check of $5.00 (or whatever amount you want it to) and IV gets the WHOLE $5 and no fees are deducted.
Simply send the check of $5 to Immigration Voice at the address listed in the first post as if you were paying a utility bill. That way your bank will send IV a check of $5.00 (or whatever amount you want it to) and IV gets the WHOLE $5 and no fees are deducted.
more...
house pampered chef (1);
Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
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trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
more...
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AllVNeedGcPc
04-02 05:04 PM
@gene77: Can you share what the RFE was about?
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
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julsun
01-14 04:54 PM
Hi,
We filed for our I131 on 7th Oct, 2007. Yet to receive anything on them. My wife needs to travel to India end of this month. She needs her AP since she is on adjustment of status right now. We had filed for a service request on 7th Jan at Nebraska Service Center. Got an email from them on 8th asking for supporting documentation. We faxed the medical certificate for my wife's mother on 8th Jan.
Now NSC customer service is saying that we need to wait for further decision. Spoke with our local Infopass office today and as per them we should get something in 3-4 weeks. They gave us an option of getting new AP at local infopass office by filing new fees all over again.
Has anyone on this group faced similar issues? How do we go about getting approval once we file for expedited request? I though once we open a new SR, we should get something back within 5 business days? Any help would be appreciated.
Thanks
We filed for our I131 on 7th Oct, 2007. Yet to receive anything on them. My wife needs to travel to India end of this month. She needs her AP since she is on adjustment of status right now. We had filed for a service request on 7th Jan at Nebraska Service Center. Got an email from them on 8th asking for supporting documentation. We faxed the medical certificate for my wife's mother on 8th Jan.
Now NSC customer service is saying that we need to wait for further decision. Spoke with our local Infopass office today and as per them we should get something in 3-4 weeks. They gave us an option of getting new AP at local infopass office by filing new fees all over again.
Has anyone on this group faced similar issues? How do we go about getting approval once we file for expedited request? I though once we open a new SR, we should get something back within 5 business days? Any help would be appreciated.
Thanks
more...
makeup on the Pampered Chef Apple
singhsa3
09-12 11:29 AM
We won't know if it effective unless we execute it, which is the biggest issue with us "the execution".
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?
It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.
I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?
It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.
I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?
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rajuram
12-18 04:55 PM
so rajaram, what do you suggest? any updates on action in Jan?
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
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rajeev_74
04-25 05:27 PM
1) Can somebody explain what the CORE objective of asking the UCSIS/DOL
to change the Priority date from the date of application of Labor to date of filing H1B is?
2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
to change the Priority date from the date of application of Labor to date of filing H1B is?
2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
swo
07-20 06:47 PM
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
immig4me
05-07 08:12 AM
Called 3 of the senators in tier one. Their responses from the first days to now is slightly different. Initially, they would say that they are against amnesty or we have not read the draft..... now the responses are like, the senator is reviewing the draft, he understands that you have followed the law.......
I hope this is because of our efforts; please IV members continue with this phone campaign, even if you have already called once. Encourage your friends to do the same. This will make a difference guys, we are making the difference :)
I hope this is because of our efforts; please IV members continue with this phone campaign, even if you have already called once. Encourage your friends to do the same. This will make a difference guys, we are making the difference :)
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