rfarkiya
07-15 01:21 PM
I am in San Diego.... I am in....
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pop21
05-08 03:51 PM
I just received by approved Labor Certification from PBEC yesterday. My priority date is July 2003 and my application was filed in NY under EB2 in the Traditional method.
My employer received recruitment instructions end of December 2006. They filed the completed recruitment report on February 13, 2007. I noticed my case status was 'certified' on the DOL Backlog Public Disclosure system some time early April, and it took several weeks before they sent out the original certification, which I received yesterday (May 7th).
My employer received recruitment instructions end of December 2006. They filed the completed recruitment report on February 13, 2007. I noticed my case status was 'certified' on the DOL Backlog Public Disclosure system some time early April, and it took several weeks before they sent out the original certification, which I received yesterday (May 7th).
Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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new2gc
07-15 05:43 PM
From Me and my wife...
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GCOP
08-13 04:01 PM
I believe, as mentioned earlier by willwin; we should meet the congress members to win their support for Visa Recapture Bill. IV is requested to set up the date and meetings. We are ready to participate.
tinamatthew
07-23 06:31 PM
hi fruity..
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
more...
gconmymind
08-13 07:04 PM
The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
IMHO, yes, please move to EB2 if you can find a new job within your company or outside. EB3 is in limbo and not sure how long it will take to get resolved.
I am lucky enough to have an EB2 job with current PD. Several of my friends who are eligible for EB2 could not find suitable EB2 jobs and could not file in EB2.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
IMHO, yes, please move to EB2 if you can find a new job within your company or outside. EB3 is in limbo and not sure how long it will take to get resolved.
I am lucky enough to have an EB2 job with current PD. Several of my friends who are eligible for EB2 could not find suitable EB2 jobs and could not file in EB2.
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ramaonline
09-04 07:16 PM
H1 status ends once u start using EAD (This happens after u file I9 with employer) Once you start working using EAD card, you cannot maintain h1b status at the same time.
more...
villamonte6100
04-01 02:19 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
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snathan
08-24 01:51 PM
So this actually supports my point. There is no "loophole" to close.
I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself
Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with
First be clear whats your point and then enlighten us how this supports it
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this. Let it be.
I am least bothered about how/what they are paying to their executives. when they are exploiting the system, its you and me are the one getting affacted. Otherwise these would have trickled down as spillover.
I am not going to post anything on this any more and feeding the troll.
I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself
Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with
First be clear whats your point and then enlighten us how this supports it
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this. Let it be.
I am least bothered about how/what they are paying to their executives. when they are exploiting the system, its you and me are the one getting affacted. Otherwise these would have trickled down as spillover.
I am not going to post anything on this any more and feeding the troll.
more...
snathan
08-23 10:47 PM
I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business
To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business
To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.
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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 :)
more...
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inskrish
09-11 03:47 PM
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Hi Desi3933,
I think you misunderstood buddy's frustration.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Hi Desi3933,
I think you misunderstood buddy's frustration.
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SkilledWorker4GC
07-15 04:51 PM
Can we send out an email to all 30k members asking for contribution to High Five funding drive? It is quiet possible that many might not have logged on since yesterday.
more...
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Green.Tech
06-04 02:11 PM
Thanks to all who contributed...
Others...wake up!
Others...wake up!
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singhsa3
09-11 09:14 PM
How about sending this book with the following message...(See changes in the original msg.)
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
*****************************
TO
The Honorable Emilio T. Gonzalez (Director)
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
***************
My Message:
Hon. Mr. Gonzalez,
I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, most applications with later priority dates and later receipt dates were approved by USICS, causing deep concern and grief among those waiting patiently in the line before them.
This significantly reduces our confidence in the system. Thus, I am sending you this letter with a book as a symbol of protest and with the hope that USCIS will deal fairly with all the applicants as per the rules and regulations.
Thanks
My Name
****************
Note: On Amazon you must select gift option to add the message. No need to wrap it.
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
*****************************
TO
The Honorable Emilio T. Gonzalez (Director)
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
***************
My Message:
Hon. Mr. Gonzalez,
I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, most applications with later priority dates and later receipt dates were approved by USICS, causing deep concern and grief among those waiting patiently in the line before them.
This significantly reduces our confidence in the system. Thus, I am sending you this letter with a book as a symbol of protest and with the hope that USCIS will deal fairly with all the applicants as per the rules and regulations.
Thanks
My Name
****************
Note: On Amazon you must select gift option to add the message. No need to wrap it.
more...
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glub
07-18 07:39 PM
Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
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GCwaitforever
06-30 01:30 PM
Got my LC approved June 05 2006.
Took only (!) 4 years from first application...
DOL recevied: Dec 5, 2002.
Got my 45 day letter in Feb 2005.
EB3-RIR
Filed in Philly DOL.
3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...
Congratulations and good luck with remaining stages in GC. Believe me, we need lots of luck not to get stuck in other stages. I am still waiting ever since filing labor petition in November 2001.
Took only (!) 4 years from first application...
DOL recevied: Dec 5, 2002.
Got my 45 day letter in Feb 2005.
EB3-RIR
Filed in Philly DOL.
3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...
Congratulations and good luck with remaining stages in GC. Believe me, we need lots of luck not to get stuck in other stages. I am still waiting ever since filing labor petition in November 2001.
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gc28262
07-02 05:11 PM
My company got labor certification papers today after getting approved online on June-26-2007
PBEC,EB3, NON-RIR, PD MAY 2004
Labor certified online: June-26-2007
Received labor certification hardcopy: July-02-2007
PBEC,EB3, NON-RIR, PD MAY 2004
Labor certified online: June-26-2007
Received labor certification hardcopy: July-02-2007
lonedesi
06-19 03:14 PM
IV Core, please help members like us whose applications are pending at the Atlanta PERM Processing Center. In spite of officials informing that they will reassign their staff to process PERM applications a month back, there seems to be no progress so far. Please help us get out of this mess as our applications have been pending at this center for few months now. We would like to take this opportunity to apply for the next two stages while PD are current. By the way, I had an old case at BEC and got an approval. I just changed my job and reapplied through PERM, and then all of a sudden PD became current. I have been in this mess for 5 years now. It was just an unfortunate timing of my job change that screwed me up.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
mrajatish
04-25 09:52 AM
This makes a lot of sense and so does the fact that GC wait times for EB immigrants be considered as part of citizenship waittime after 140 is appoved. However, let us do this in parts, let us get the basics right before we build a castle.
Without simple effective legislations like filing for 485, increase in total numbers etc, we are talking about inhuman suffering for everyone.
I came in 1999, my friend came in 2000, he has GC, I am in 140 stage, is that fair, of course not. But then life is not fair in lots of things, and we got make things work for us.
Let us concentrate on our agenda for the time being.
Without simple effective legislations like filing for 485, increase in total numbers etc, we are talking about inhuman suffering for everyone.
I came in 1999, my friend came in 2000, he has GC, I am in 140 stage, is that fair, of course not. But then life is not fair in lots of things, and we got make things work for us.
Let us concentrate on our agenda for the time being.
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