marwan234
08-10 02:10 PM
Sing it: "No checks no receipt...whatcha gonna do...whatcha gonna do when they come for you (Border control)"....Hey!! I'm legal!!!:D
5 weeks and nothing.....But i did get my H1/H4 8th yr receipts in a week.
5 weeks and nothing.....But i did get my H1/H4 8th yr receipts in a week.
wallpaper Modified Mitsubishi Evo 6.
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.
QuestGC
01-06 12:24 AM
Folks,
I do not think, the video of 9 minutes covered everything that speaker was presenting. It is not fair to judge or even compare the educational systems of India, China and US.
I guess if you listen carefully and understand what he is trying to say..
India produces - 350K engineers
China -- 600K...
US - 70K Engineers..
This is as per a research done and he was referring to the research done. What he is suggesting is, it is not fair to compare here because In China, every one with diploma is an engineer and all that.
Coming to India, MNCs have already said, current crop of majority of engineers are not employable. They are trained by so called MNCs because it is inexpensive to do so..
The US produces approximately 70K, but they are quality engineers (something to that effect).
Bottomline, why do people want Indians or chinese, because they work hard.
He was also telling some stories about how china is investing and providing tax breaks/investments (JVs) to companies to start R & D in China..
In the end, he was outlining the power of legal immigration and need to provide permanent residencies otherwise they become US competitors from India/china..
I think, before concluding one way or other, friends, please try to get the complete picture. I dont think we have complete information covered in the Video.
Indian culture, heritage 5000 years old. Indian education is gift of britishers, hence needs some adjustments to suit the current global competition.
At the same time US has its flaws too, but either try to deal with it or perish.
The power to change or transform is in our (Individual) hands..Every one has a choice. You choose - win some and lose some -- and die one day with nothing. This is life.
Thanks and Regards
I do not think, the video of 9 minutes covered everything that speaker was presenting. It is not fair to judge or even compare the educational systems of India, China and US.
I guess if you listen carefully and understand what he is trying to say..
India produces - 350K engineers
China -- 600K...
US - 70K Engineers..
This is as per a research done and he was referring to the research done. What he is suggesting is, it is not fair to compare here because In China, every one with diploma is an engineer and all that.
Coming to India, MNCs have already said, current crop of majority of engineers are not employable. They are trained by so called MNCs because it is inexpensive to do so..
The US produces approximately 70K, but they are quality engineers (something to that effect).
Bottomline, why do people want Indians or chinese, because they work hard.
He was also telling some stories about how china is investing and providing tax breaks/investments (JVs) to companies to start R & D in China..
In the end, he was outlining the power of legal immigration and need to provide permanent residencies otherwise they become US competitors from India/china..
I think, before concluding one way or other, friends, please try to get the complete picture. I dont think we have complete information covered in the Video.
Indian culture, heritage 5000 years old. Indian education is gift of britishers, hence needs some adjustments to suit the current global competition.
At the same time US has its flaws too, but either try to deal with it or perish.
The power to change or transform is in our (Individual) hands..Every one has a choice. You choose - win some and lose some -- and die one day with nothing. This is life.
Thanks and Regards
2011 Mitsubishi+evo+6+gsr
alterego
12-10 08:36 PM
It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
more...
ychousa
07-19 12:58 AM
The following post
dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)
And this post
So the work of reviewing files goes roughly in FIFO order (that is based on RD) all round the year whether the bulletin says C, U, A, B or JAN01STONEAGE!
say the opposite.
The process in the second post sounds unfair, but it seems it is true, escpecially if you check this page: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)
And this post
So the work of reviewing files goes roughly in FIFO order (that is based on RD) all round the year whether the bulletin says C, U, A, B or JAN01STONEAGE!
say the opposite.
The process in the second post sounds unfair, but it seems it is true, escpecially if you check this page: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
eb3_nepa
06-10 10:28 AM
Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.
Making phone calls is the best form of Gandhigiri at this moment
Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
Making phone calls is the best form of Gandhigiri at this moment
Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
more...
continuedProgress
09-10 06:13 PM
$100
All, lets keep the momentum going.
All, lets keep the momentum going.
2010 Mitsubishi Evo 6
psaxena
12-15 11:29 AM
Please don't think as if the IV guys walk in and talk and there you go.... the change is in effect.
It takes a lot to get the fixes like these.
Moreover , do not donate with the "IF" condition. Just donate and trust IV , everyone is working as hard ,to get the relief in any way possible for the guys in the line.
SO JUST DON'T WAIT AND START DONATING.
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
It takes a lot to get the fixes like these.
Moreover , do not donate with the "IF" condition. Just donate and trust IV , everyone is working as hard ,to get the relief in any way possible for the guys in the line.
SO JUST DON'T WAIT AND START DONATING.
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
more...
black_logs
03-09 11:29 AM
So they'll probably take out schedule A workers(Nurses etc.) from EB3 category
hair Black Mitsubishi Evo Wallpaper
kuhelica2000
09-15 05:13 PM
I wasn't planning on porting my PD until I read this nonsense "Injunction" threat. I will now port my PD; GCTest - go and file your injunction. If you don't have enough balls to do that I can lend you one.
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
more...
amitjoey
05-07 01:28 PM
i called 3 senators so far,
they r not sharing the senators stand but they are saying we understand this and we will pass on your message.
thay did not note anything. they did not ask name & other details also.
am i doing correct or am i missing anything?
You are doing everything right.
they r not sharing the senators stand but they are saying we understand this and we will pass on your message.
thay did not note anything. they did not ask name & other details also.
am i doing correct or am i missing anything?
You are doing everything right.
hot 2011 Mitsubishi Evolution Mr.
meridiani.planum
09-11 11:29 PM
Can one even file a lawsuit against USCIS ?? :D
this is the United States. You can file a lawsuit against ANYONE :D
this is the United States. You can file a lawsuit against ANYONE :D
more...
house Mitsubishi Lancer Evolution.
Humhongekamyab
06-11 11:45 AM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.
Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.
I am sure something like this can also be done for us who have been waiting for years for our GC's.
I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.
Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.
I am sure something like this can also be done for us who have been waiting for years for our GC's.
tattoo 2006+ Mitsubishi Eclipse Evo 6
amits
07-19 10:27 AM
Thanks for your contribution!
I am sure others will be coming to support IV soon...
We're 21000 in numbers.
Definitely more should be coming with contributions!
Come on friends...
Just contributed $100
I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.
Google Order #831603791059224
I am sure others will be coming to support IV soon...
We're 21000 in numbers.
Definitely more should be coming with contributions!
Come on friends...
Just contributed $100
I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.
Google Order #831603791059224
more...
pictures 2011 Mitsubishi Lancer
tikka
07-19 11:34 PM
Contributed one time $100. Will not hesitate to do so in the future. Nice job IV!!!
Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference
Anil
for your contribution... :)
Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference
Anil
for your contribution... :)
dresses Mitsubishi Evo 6
Jelena
07-18 08:23 PM
Contributed 100$. Thanks, IV!
more...
makeup wallpaper of Mitsubishi APR
p1234
09-13 06:46 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
girlfriend Mitsubishi Lancer Evolution
mn1975
01-03 01:22 PM
Filed on Aug 15th , still pending
hairstyles evo x wallpaper. Mitsubishi
icedgin
07-27 09:38 AM
Hi Angel,
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
uma001
09-27 09:44 AM
Landed on 03/1997 on H1B. Didn't file for GC until 2003 as plan was to work for 2-3 years, get into an MBA program, and then go back.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
You must be earning more than the debts you have from MBA per year. With that you should have paid the loans.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
You must be earning more than the debts you have from MBA per year. With that you should have paid the loans.
NKR
06-26 08:18 AM
I'm sure you meant "Loss and loose have different meaning" ! .
Good catch :). I was losing patience waiting for the elusive green card and now I think I am losing my mind too.
Good catch :). I was losing patience waiting for the elusive green card and now I think I am losing my mind too.
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