dipmay2002
11-05 02:14 PM
If my Wife's employer starts GC for her on EB2, can my case be ported / interfile to her's? She is dependent on my GC application. :eek:
stucklabor
03-09 11:23 AM
Sen says: should make methods, process easy for employment authorization...
They have at least steered off the illegal immig issues for now...:)
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
They have at least steered off the illegal immig issues for now...:)
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
nk2006
10-28 12:52 PM
In addition to writing Ombudsman, it has been decided to intensify this campaign and write to higher ups at the USCIS. A few new actions items have been identified and posted at: http://immigrationvoice.org/forum/showthread.php?t=22182
Note that this campaign has active support by core members and the strategy of writing these letters has been decided after a lot of discussions. But to achieve positive results and changes at USCIS we need to send these letters in big numbers. Please participate in that campaign and send those 4 letters as soon as you can. Thanks.
Note that this campaign has active support by core members and the strategy of writing these letters has been decided after a lot of discussions. But to achieve positive results and changes at USCIS we need to send these letters in big numbers. Please participate in that campaign and send those 4 letters as soon as you can. Thanks.
pappu
06-04 01:37 PM
Thanks Pappu. What kind of hurdles do u think?
company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...
company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...
more...
ssk1127
08-23 07:20 PM
I am on the same boat, can anyone please clarify?
Mu thpoughts and assumptions. Might want tot talk to your attoney too
> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval
> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs
> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"
> You might want to check your application once too
thanks
satish
Mu thpoughts and assumptions. Might want tot talk to your attoney too
> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval
> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs
> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"
> You might want to check your application once too
thanks
satish
crystal
09-11 07:30 PM
dont get confused . i am on ur side :DI am confused by your post.. who's side are you on? :D
more...
ind_game
05-14 05:10 PM
I believe so. I assume that USCIS eventually sends a letter acknowledging the revocation, but I don't know for sure.
Even my attorney says the same thing that they do not represent any revocations and says that there will be an acknowledgment from USCIS regarding revocation.
I have requested my old employer to provide me the I-140 revocation acknowledgment, but he denies saying he did not receive it and USCIS does not always send acknowledgments. That is his ball game, I could not poke around much.
Even my attorney says the same thing that they do not represent any revocations and says that there will be an acknowledgment from USCIS regarding revocation.
I have requested my old employer to provide me the I-140 revocation acknowledgment, but he denies saying he did not receive it and USCIS does not always send acknowledgments. That is his ball game, I could not poke around much.
gc_waiter56
07-06 10:59 AM
All,
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
more...
she81
08-13 04:44 PM
Till last year EB 3 would get additional visa from the leftovers of ROW, both EB2 and EB 3-I would benefit from the ROW visia, now all the visas are going to EB2, so i agree with you, there is little hope for EB 3.
Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.
Thats USCIS - Uncertain Surreptitious and Careless Institution to Select future immigrants.
Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.
Thats USCIS - Uncertain Surreptitious and Careless Institution to Select future immigrants.
diptam
07-06 10:27 AM
See we can't work for bypassing "name check" process - we can work for improving the process !
There is nothing personal - i'm already backlogged !
Tell us the same thing when your application gets stuck for a decade on name check. Good luck!!!
There is nothing personal - i'm already backlogged !
Tell us the same thing when your application gets stuck for a decade on name check. Good luck!!!
more...
Radhika
07-23 05:21 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation!!!!!!!
Thats really great news.
My husband pd is SEP 2004
EB3 India
Hope we will also get GC in next 2 years
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation!!!!!!!
Thats really great news.
My husband pd is SEP 2004
EB3 India
Hope we will also get GC in next 2 years
sareesh
07-16 12:44 PM
Mailed check yesterday.
Thanks,
SG.
Thanks,
SG.
more...
milind70
07-11 11:15 AM
Just did some stats on , did only for texas service center
It appears that Notice Date is immaterial. As long as your PD is current.
So, you dont need to worry, if your notice date is Oct 2007 and TX processing date still shows July 17th. They are approving the cases as long as your PD is current in PD order which makes sense.
I see a case with Nov 12 2007 ND and PD of dec 2002 is approved.
Dont expect any LUD's either, Only suprise email matters....welcome to america, card production ordered.....:D
Yes that seems to be the case , I had a friend who could have applied in June 2007 but due to some documents issue applied in Aug 2007 under the July adjusted bulletin, his notice date was very recent but he suddenly got his GC(his PD was current). But he said no LUDs or anyhting of that sort just recieved the magical email one fine day. His case was at Texas Service Center. His PD was Oct 2002 EB2.
It appears that Notice Date is immaterial. As long as your PD is current.
So, you dont need to worry, if your notice date is Oct 2007 and TX processing date still shows July 17th. They are approving the cases as long as your PD is current in PD order which makes sense.
I see a case with Nov 12 2007 ND and PD of dec 2002 is approved.
Dont expect any LUD's either, Only suprise email matters....welcome to america, card production ordered.....:D
Yes that seems to be the case , I had a friend who could have applied in June 2007 but due to some documents issue applied in Aug 2007 under the July adjusted bulletin, his notice date was very recent but he suddenly got his GC(his PD was current). But he said no LUDs or anyhting of that sort just recieved the magical email one fine day. His case was at Texas Service Center. His PD was Oct 2002 EB2.
va_dude
04-27 07:52 AM
Check the forums for a link to a document that indicates that Banks do accept EAD, etc.
I have refinance with BoA and it went thru just fine. I tried to find the correct link but haven't found it yet. If i do, i'll send it across.
But do a forum search for refinance, etc.
I have refinance with BoA and it went thru just fine. I tried to find the correct link but haven't found it yet. If i do, i'll send it across.
But do a forum search for refinance, etc.
more...
CADude
07-04 03:18 PM
Contact your Senator regarding unprecedented move by the Department of State.
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
hourglass
07-20 05:12 PM
even if it is available, the principal applicant wont be able to take real advantage of it. As you cannot switch to company B, without invoking AC21, which kicks in only 180 days after, filing 485.
You forgot to attach the link!
You forgot to attach the link!
more...
wanna_immigrate
05-06 10:59 AM
Did you check the New I140 approval notice? The priority date on the latest I140 will have your Old PD. I believe its also advised you file an interfiling request.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
saibabu_d
07-06 01:32 PM
"I see lots of frustration here. July fillers, you will definitely feel good after hearing my story. At least you are not in my situation. Read this: I was eligible to file in June under June visa bulletin. My deshi blood s^#$* employer did not provide me the letter in time. I am in my 7th year of H1B and they refused to provide my I-140 approval copy. I have the receipt# only. Attorney will not give it to me either. Now what should I do. You guys at lest will be able to file may be in future. What about me! Please suggest anyone!! Now I can not go to a new employer also! See, you are in better position than mine."
This is a gross violation of basic employment rights; contact department of labor; things will turn out in your favor.
This is a gross violation of basic employment rights; contact department of labor; things will turn out in your favor.
LegallyGC
08-12 01:09 PM
I dont think this will change anything ...
1. Infy/TCs and all biggies will shift more jobs to India and other contries or hire people on contract from smaller desi consultants who have less than 50 guys.
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
3. 600M will never to till the border and those illegals keep coming.
4. Indian americans leaders (if they read the news about this law) will curse saying "how bad things are now compared to how it was when they came here" and then keep voting democrats....
5. We as immigrant community will talk a lot about this in our forums and curse Senators, Democrats, infy and many others till next month's VISA bulletin and then forget this ever hapened.
6. This thread will have a lot of posts and then slowly phase out...
Unless we decide to educate senators, congressmen, indian americans what are the side affects of this....
1. Infy/TCs and all biggies will shift more jobs to India and other contries or hire people on contract from smaller desi consultants who have less than 50 guys.
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
3. 600M will never to till the border and those illegals keep coming.
4. Indian americans leaders (if they read the news about this law) will curse saying "how bad things are now compared to how it was when they came here" and then keep voting democrats....
5. We as immigrant community will talk a lot about this in our forums and curse Senators, Democrats, infy and many others till next month's VISA bulletin and then forget this ever hapened.
6. This thread will have a lot of posts and then slowly phase out...
Unless we decide to educate senators, congressmen, indian americans what are the side affects of this....
h1techSlave
03-04 12:31 PM
I am NSC EB3-I 2003 PD - no change. The status remains the same.
ind_game
05-20 12:15 PM
Thanks a lot for all the members who have shared their knowledge and insight into this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
No comments:
Post a Comment