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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nursekm
10-03 11:03 PM
Thanks ! But it still unsure how long it will take ....
Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.
This means, that not only Schedule A can file concurrently but also others as well.
Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.
This means, that not only Schedule A can file concurrently but also others as well.
ramus
07-06 01:29 PM
Why USCIS suddenly did this press release? Something fishy?
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
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immi_twinges
07-20 02:16 PM
1. Threads concerned with the Action Items and Legislative matters should be separated from the usual GC related questionnaire
If you look at the website you find a bunch of new threads related to 485 filing. Most of them bear answers in previous threads. People dont want to search..but that okay..they can form new threads if they are very desperate for the answers.
But at the same time due to the flood of these messages we are missing important notices and action items like this one.If we separate them somehow it will be helpful.
2. Lets have an organized tracking of 485s. Lets separate them by Visa category , country, PD or RD.
ex: Eb3 country: India
PD 2001: RD:...? LUD: ...?
PD:2004:
EB3 : China...
...
..
Lets have an option of adding friends approx dates who are not immigration voice members. This way we can have rough estimate about what happening. Lets not make threads for each category.
This way may be we have a very good track of the visas than USCIS...heheheh:D
I guess most of the 1v members are s/w engineers...i am not...orelse i would have volunteered to do this...
Anybody here ...who can spare some of their valuable time???
Lets do more brainstorming
If you look at the website you find a bunch of new threads related to 485 filing. Most of them bear answers in previous threads. People dont want to search..but that okay..they can form new threads if they are very desperate for the answers.
But at the same time due to the flood of these messages we are missing important notices and action items like this one.If we separate them somehow it will be helpful.
2. Lets have an organized tracking of 485s. Lets separate them by Visa category , country, PD or RD.
ex: Eb3 country: India
PD 2001: RD:...? LUD: ...?
PD:2004:
EB3 : China...
...
..
Lets have an option of adding friends approx dates who are not immigration voice members. This way we can have rough estimate about what happening. Lets not make threads for each category.
This way may be we have a very good track of the visas than USCIS...heheheh:D
I guess most of the 1v members are s/w engineers...i am not...orelse i would have volunteered to do this...
Anybody here ...who can spare some of their valuable time???
Lets do more brainstorming
more...
conchshell
08-14 06:51 PM
Guys good news from my side. Just got most awaited Card production Ordered emails for my wife and my son. I have not received the email for myself though. When I checked the status on Case Status Online site, I found that 485 for all three of us have been approved.
My priority date was Oct 2004 at NSC. Came to US in Feb 2000, so almost 8.5 years of waiting is finally finally over. I hope that NSC picks up the pace and approve all the people who are current.
Trust me!! I am not going anywhere. I will enjoy my green but at the same time will always work relentlessly to get the immigration reforms. I also prey from God almighty that all my friends/family members stuck in EB2/EB3 will also get their GC ASAP.
Wish you all the best, even though I have crossed the fence towards the greener pasture, I am always there to lend you a hand and help you climb up and jump across the fence.
My priority date was Oct 2004 at NSC. Came to US in Feb 2000, so almost 8.5 years of waiting is finally finally over. I hope that NSC picks up the pace and approve all the people who are current.
Trust me!! I am not going anywhere. I will enjoy my green but at the same time will always work relentlessly to get the immigration reforms. I also prey from God almighty that all my friends/family members stuck in EB2/EB3 will also get their GC ASAP.
Wish you all the best, even though I have crossed the fence towards the greener pasture, I am always there to lend you a hand and help you climb up and jump across the fence.
ilwaiting
04-25 12:05 PM
Canada, Australia, UK(may be few more countries) does enable the applicant to handle the case rather than being sponsored by employer beause they do not have Many Non-immigrant Worker options as USA does. So they have to apply for a PR from outside the country.
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
more...
pmat
02-08 03:59 PM
Online status shows up as CERTIFIED.... :D
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sankar_203
08-26 03:18 PM
Hope you guys realize this forum is for immigration purpose...!!!!:mad:
if not let me know what school is good in Bangalore..my frind wants to get his kid admitted to school.:D:D:D
Oh Man..that's a very good one..you made my day..No offense to this thread..i do have home loan with ICICI for the last one year..like others mentioned above, it is easy to get approved while being here..i haven't been to any embassy..everything was done through mails and a local bank..
if not let me know what school is good in Bangalore..my frind wants to get his kid admitted to school.:D:D:D
Oh Man..that's a very good one..you made my day..No offense to this thread..i do have home loan with ICICI for the last one year..like others mentioned above, it is easy to get approved while being here..i haven't been to any embassy..everything was done through mails and a local bank..
more...
Raju
07-19 01:39 PM
I just contributed $100 in addition to my previous contributions. I posted the details on another thread.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
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rockstart
06-27 03:00 PM
Instead of telling them what they will lose, lets tell them what they gained from us and what they would not have if it were not for the immigrants.
If two thirds of all PhD's are foreign born. And 60% of Masters degree holders are also not US citizens. Now this is the best talent that US corporations need to keep up the competative edge. No infosys wipro can fill this void.
If two thirds of all PhD's are foreign born. And 60% of Masters degree holders are also not US citizens. Now this is the best talent that US corporations need to keep up the competative edge. No infosys wipro can fill this void.
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songlan
04-25 10:07 AM
Is it better if we ask for consults from Quinn Gillespie & Associates. I mean the strategy issues.
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gdilla
07-20 01:23 PM
From reader "MA", the blog TalkingPointsMemo.com -he's referring to the slowdown in criminal cases at the USA office in SF, not immigration. But interesting, nonetheless:
Your post . . . about the slowdown in cases in San Francisco got me thinking about the larger bureaucratic issue associated with more than half a dozen years under Bush.
This is a relatively trivial incident, but a while back I attempted to get my passport renewed and discovered the wait times had doubled (partly because of the new rule requiring travelers to Canada to have passports) -- trivial, yes, but it also highlights some of the more mundane effects of an administration run by people who have a fundamental antipathy toward government service and government programs.
This gets writ large in the case of incidents like Hurricane Katrina, the prosecution of the Iraq war and so on...but it also gets writ small in thousands of details of everyday bureaucratic life -- especially as the Bush influence trickles down through the bureaucracy from political appointees to career employees.
If the governing Bush/Cheney philosophy is that the public sector doesn't work, that it is inherently not just inefficient and corrupt, but antagonistic to citizens and individuals, this philosophy has a way of slithering its way into the workings of the system itself -- not just in the case of high profile corruption scandals, but also, again on a more mundane level, in the day-to-day operation of government bureaucracies.
And here's the weird thing, even though that sounds so unexciting, there's something almost stifling about imagining a bureaucracy that really is antagonistic to individuals -- one that not only slows down, but finds some vindication in throwing up road blocks, thwarting citizen requests, and, in the end, not serving the public. I have family members who lived in former communist countries -- and that's really how the bureaucracy was there, and life under those circumstances was made much more difficult, bureaucratic responsibilities increasingly cumbersome, much of the time the system just didn't work, and had to be gamed (or bribed).
Although I have large scale concerns about Bush's handling of the war, the economy, and so on, I also have some more micro scale concerns about what his philosophy of governance means for everyday life and our everyday interactions with the bureaucracy. Indeed, this scale, though more mundane, is also the one that in some ways affects the majority of the population more directly, even if much less dramatically. I've lived in places where the bureaucracy functions quite well, and where citizens take a certain pride in the fact that the government serves them.
The idea of living in a country where the administration's goal is to demonstrate just how bad government is/can be scares me at this very prosaic level -- I want my schools and courts and inspection agencies and passport agencies and so on to be run by people who really believe in government service and in the fact that the government can work effectively to serve the populace. Bush seems to be doing everything he can to dismantle such a world -- and he risks fueling a vicious circle in so doing
Your post . . . about the slowdown in cases in San Francisco got me thinking about the larger bureaucratic issue associated with more than half a dozen years under Bush.
This is a relatively trivial incident, but a while back I attempted to get my passport renewed and discovered the wait times had doubled (partly because of the new rule requiring travelers to Canada to have passports) -- trivial, yes, but it also highlights some of the more mundane effects of an administration run by people who have a fundamental antipathy toward government service and government programs.
This gets writ large in the case of incidents like Hurricane Katrina, the prosecution of the Iraq war and so on...but it also gets writ small in thousands of details of everyday bureaucratic life -- especially as the Bush influence trickles down through the bureaucracy from political appointees to career employees.
If the governing Bush/Cheney philosophy is that the public sector doesn't work, that it is inherently not just inefficient and corrupt, but antagonistic to citizens and individuals, this philosophy has a way of slithering its way into the workings of the system itself -- not just in the case of high profile corruption scandals, but also, again on a more mundane level, in the day-to-day operation of government bureaucracies.
And here's the weird thing, even though that sounds so unexciting, there's something almost stifling about imagining a bureaucracy that really is antagonistic to individuals -- one that not only slows down, but finds some vindication in throwing up road blocks, thwarting citizen requests, and, in the end, not serving the public. I have family members who lived in former communist countries -- and that's really how the bureaucracy was there, and life under those circumstances was made much more difficult, bureaucratic responsibilities increasingly cumbersome, much of the time the system just didn't work, and had to be gamed (or bribed).
Although I have large scale concerns about Bush's handling of the war, the economy, and so on, I also have some more micro scale concerns about what his philosophy of governance means for everyday life and our everyday interactions with the bureaucracy. Indeed, this scale, though more mundane, is also the one that in some ways affects the majority of the population more directly, even if much less dramatically. I've lived in places where the bureaucracy functions quite well, and where citizens take a certain pride in the fact that the government serves them.
The idea of living in a country where the administration's goal is to demonstrate just how bad government is/can be scares me at this very prosaic level -- I want my schools and courts and inspection agencies and passport agencies and so on to be run by people who really believe in government service and in the fact that the government can work effectively to serve the populace. Bush seems to be doing everything he can to dismantle such a world -- and he risks fueling a vicious circle in so doing
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Leo07
05-03 02:28 PM
^^^^^^^^^^^^^^^^
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eb3_2004
07-23 03:57 PM
That gives me some hope..My PD is EB3 India Oct 2004...I am filing 485 now..hope I get GC in 2 years from now!!!!
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485Mbe4001
08-15 11:50 AM
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
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lazycis
11-24 04:48 PM
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
more...
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raydon
08-05 07:28 PM
lonedesi,
Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.
Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.
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485Mbe4001
07-06 01:39 PM
The article suggests that people in the namecheck hole were granted GC's which is WRONG. Most are still languishing with no reprive.
When they say 25k or 60k GCs were approved, i am sure they would have stuck to the per country caps and the security clearance.
When they say 25k or 60k GCs were approved, i am sure they would have stuck to the per country caps and the security clearance.
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Nagireddi
09-16 09:53 AM
Dear friends,
Unfortunately, I am not able to attend the rally. I have just found out that my cheques have been cashed. I am contributing another $100 once again.Google Order #373309135239869
My sincere prayers to the god that our rally will be a huge success.Good luck for all of us.Keep sending us the photos,videos as the events are happening.
I LOVE IV.:)
Applied 140/485 concurrent on 8/6/07 to NSC-EB2
Unfortunately, I am not able to attend the rally. I have just found out that my cheques have been cashed. I am contributing another $100 once again.Google Order #373309135239869
My sincere prayers to the god that our rally will be a huge success.Good luck for all of us.Keep sending us the photos,videos as the events are happening.
I LOVE IV.:)
Applied 140/485 concurrent on 8/6/07 to NSC-EB2
reddymjm
03-12 02:35 PM
I do not support this donor ONLY idea.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Its just not pappu.
We all felt like increasing the goal becasue out the 100 or so FOIA responses we got atleat we should be able to respond to couple of them. FOIA is not the only one needing money.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Its just not pappu.
We all felt like increasing the goal becasue out the 100 or so FOIA responses we got atleat we should be able to respond to couple of them. FOIA is not the only one needing money.
Mouns
04-30 02:28 PM
The link got working again, but nothing is happening as of yet.
Nothing works for me. No visual / No audio. Nothing... :mad:
Nothing works for me. No visual / No audio. Nothing... :mad:
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