kondur_007
06-10 04:17 PM
I 100% agree with you about visa capture...there is no way any of us will get GC without "spill over" from ROW category and that will happen if visa capture happens...
Without the spill over from ROW it will be 20+ yrs (many people have posted the calculations...).
However, The one thing that just does not make any sense (It is also there in Mr. Oppenheim's statement):
They have 120k preadjudicated applications and if they have quota of 140k next fiscal year, are they goint to give GC to those 120k.....??????
Not really, because many of those 120k include people with highly retrogressed PD.
For example: if EB2 ROW is "current" in Jan 2010, and say someone from EB2ROW files 485 (his PD may be in mid 2008), they will have to give him GC first eventhough they may have a "preadjudicated" EB2 India case with PD of 2005. (if it is not current then).
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
Without the spill over from ROW it will be 20+ yrs (many people have posted the calculations...).
However, The one thing that just does not make any sense (It is also there in Mr. Oppenheim's statement):
They have 120k preadjudicated applications and if they have quota of 140k next fiscal year, are they goint to give GC to those 120k.....??????
Not really, because many of those 120k include people with highly retrogressed PD.
For example: if EB2 ROW is "current" in Jan 2010, and say someone from EB2ROW files 485 (his PD may be in mid 2008), they will have to give him GC first eventhough they may have a "preadjudicated" EB2 India case with PD of 2005. (if it is not current then).
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
wallpaper She she got the tattoo to help
lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
shantak
08-23 09:00 AM
I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
2011 Tony Tattoo
gcformeornot
12-07 10:31 AM
please.
more...
optimystic
10-23 08:48 PM
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
ssnd03
02-19 10:09 PM
Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
more...
apb
09-05 06:32 PM
Venkey
I sent you a PM, can we team up? I need some more info!
Please book through our website on my signature.
I sent you a PM, can we team up? I need some more info!
Please book through our website on my signature.
2010 Beatles Tattoo idea
JunRN
12-21 11:09 AM
You did not read it carefully. The person actually NOTIFIED the USCIS about AC21. However, USCIS failed to record it.
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
more...
jetguy777
07-08 05:16 PM
This is an excerpt from Ron Gotcher's website that addresses a possible outcome for these bills:
"As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.
Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
"As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.
Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
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Nil
04-19 03:49 PM
Good job mmj.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
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HarshJ
10-02 01:50 PM
If you have the receipt #s cant you approach the local service center with infopasss and request expedited processing?
hot started his tattoo journey
giri_tpt
08-21 12:36 PM
EB2 India
PD - OCT 2004
I140 AD: 12/18/2007
I485 RD - Aug 14th 2007
I485 ND - Sept 25th 2007
Status: Pending
Service Center: NSC
Last LUD: on 5/04/08 on approved I 140
PD - OCT 2004
I140 AD: 12/18/2007
I485 RD - Aug 14th 2007
I485 ND - Sept 25th 2007
Status: Pending
Service Center: NSC
Last LUD: on 5/04/08 on approved I 140
more...
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H1B-GC
08-13 01:56 PM
Iam in the similar situation, but my wife came here only last month on H4. My GC was approved yesterday. Now I have all the documents ready for my wife's GC application to be sent to USCIS. My lawyer also told me to immediately mail the application to USCIS since I did not receive my GC on hand yet.
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
I guess since you got Married before your GC Got approved, you should be fine. Your PD,RD and ND,Service Center Please?? Did your NC get cleared?
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
I guess since you got Married before your GC Got approved, you should be fine. Your PD,RD and ND,Service Center Please?? Did your NC get cleared?
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GCKarma
07-04 09:28 PM
4000$ :mad:
more...
pictures Yup, a tattoo.
vishwak
01-13 03:48 PM
easyvishwak, there is a common disclaimer in any of the internet forums that you take the information with a pinch of salt. people post their experiences, whether to follow or not is totally your call. Next time, I wont be so polite when writing my response because you mentioned some unnecessary things in your response to my post. So, please do not aggrevate me. that was my experience, whether you want to take it or not, or, if others want to take it or not is totally upto them. same way, u dont speak for others. keep it to the point and dont do any personal attacks.
Hey does my posting is offending you, if sorry man.
I'm just concerned as we see lot of people who come here to gain knowledge.
And some lazy guys see postings and take them granted you know. Thats why I don't want someone to be in that situation. Have nice evening my friend.
Hey does my posting is offending you, if sorry man.
I'm just concerned as we see lot of people who come here to gain knowledge.
And some lazy guys see postings and take them granted you know. Thats why I don't want someone to be in that situation. Have nice evening my friend.
dresses Beatles Tattoo: Girlfriend
vrbest
11-21 08:16 AM
I am a consultant on H1B with EAD now. In my office (a major bank in US) I am 200% safe than the employees there.. they live like what you said (thinking when their job is at risk) and I am there in the job for last 3 years with a bright future.. I never blame the situatiuon I am in..
My view is " I have not born to live in A country or work for A company" I will always find my way out..
We bought a house recently and I know how many of my friends look at us and sigh a breath as they cannot do what they want for the fear of GC..
We are one happy family with our kids running around the house like they do in India...
just my thoughts.. not to meant to hurt anyone..
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
My view is " I have not born to live in A country or work for A company" I will always find my way out..
We bought a house recently and I know how many of my friends look at us and sigh a breath as they cannot do what they want for the fear of GC..
We are one happy family with our kids running around the house like they do in India...
just my thoughts.. not to meant to hurt anyone..
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
more...
makeup Beatles Film With Tattoo
unseenguy
06-16 11:30 PM
I support this campaign and will act upon any action item.One quick question, is the visa revalidation only for people who already hold H1 visa stamp on passport or COS from F1-H1 also falls in the same category?
It does not fall in that category
It does not fall in that category
girlfriend Neck Tattoos Star running down
dineshksharma
07-13 04:54 PM
congratulations..truly inspirational.. how did you acquire such phenominal emotional stamina?
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
hairstyles Beatles Tattoo: eatles
anai
07-19 02:28 PM
Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
Drifter
04-06 02:59 PM
A core member has been helping me in this matter. I really have to thank the core for being so responsive and for giving this matter the kind of attention it deserves. There is some progress in this case and the quickness with which the IV Core acted on this and moved the issue forward gives me and my family hope.
We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.
We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.
GC_LOOKIN
07-29 11:08 AM
E-Filed: May 30th, 2008
FP: June 28th, 2008
Card Production Ordered on July24th
On July28th Received 2 year EAD Card from July23rd 2008 to July22nd 2010:)
FP: June 28th, 2008
Card Production Ordered on July24th
On July28th Received 2 year EAD Card from July23rd 2008 to July22nd 2010:)
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