pkak
07-13 06:00 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
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ashkam
07-28 08:11 AM
It's India Pale Ale, not India Pale Beer. Lord Ganesha would be shocked at your ignorance.
apahilaj
02-21 02:32 PM
Please note:PERM Audit very aggressive with EB2 since last couple of months. Just to keep in mind
Till how long can they audit the PERM once it's approved? Just curious.
Till how long can they audit the PERM once it's approved? Just curious.
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desi3933
01-30 02:27 PM
Ok now I am confused. I was laid off while in India. Since I could not then use my H1 to reenter, I used the AP. So my I-94 is stamped as AOS. Are you saying this was not a lawful admission? Are you implying that from the time I entered the US on AP (Dec till date) is unlawful?
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
kumar1
03-16 05:56 PM
I am impressed to see that our buddy Infinite_Patience_GC is not using F** words today. Good job!
Infinite_Patience_GC,
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
Infinite_Patience_GC,
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
weasley
11-12 05:17 PM
VIN13
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
more...
loti_GC
06-11 06:48 AM
Our I-485 was approved on May 30th. Got cards and I-485 notice on Friday.
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copsmart
07-12 05:55 PM
:D I don't know what to say. But, keep your Fingers, Toes, Arms and Legs crossed.
Good Luck!!!
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
Good Luck!!!
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
more...
masouds
02-16 10:16 PM
If the Africans had just continued to abide by slavery, they would never have gotten their freedom, just because, "it's the American policy."
I hate to break my own promise to shut up on this, and I hate to be your history teacher: African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.
When european immigrants walked into this continent and started hacking natives, they had firearm, they had the aggression and they had the numbers on their side. Which one of these do you (or we) have?
Let's stop debating this, since this issue isn't going to be resolved here; You either get the next president/congress to abolish this part of immigration law, or ask the courts to force the government to do what you like.
I hate to break my own promise to shut up on this, and I hate to be your history teacher: African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.
When european immigrants walked into this continent and started hacking natives, they had firearm, they had the aggression and they had the numbers on their side. Which one of these do you (or we) have?
Let's stop debating this, since this issue isn't going to be resolved here; You either get the next president/congress to abolish this part of immigration law, or ask the courts to force the government to do what you like.
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desi3933
02-03 07:15 AM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
optimist578
01-31 03:16 PM
My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
IRS requires every employer to furnish W-2. Take a look at this:
http://www.irs.gov/newsroom/article/0,,id=106470,00.html
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
IRS requires every employer to furnish W-2. Take a look at this:
http://www.irs.gov/newsroom/article/0,,id=106470,00.html
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smuggymba
03-12 11:12 AM
great job guys. There was no spillover and the dates did not become current and everyone is blaming IV. Stop contibuting to IV if they are the one's who were not able to make it current. Stop ranting like ladies in a kitty party.
more...
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biomd
10-12 02:26 PM
PD Aug 2006
I 140 Filed in June 2007. Pending @ TSC
I 485 Filed on 10th Aug 2007
FP Notice received.
I 140 Filed in June 2007. Pending @ TSC
I 485 Filed on 10th Aug 2007
FP Notice received.
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chanduv23
09-27 10:12 AM
A common card that can be used for different countries - gives excellent mobility - improves standards - induces competition - this concept looks good and promising.
Please share some more info if available. Lest discuss pros and cons
Please share some more info if available. Lest discuss pros and cons
more...
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EB3_SEP04
05-26 06:41 PM
I haven't heard anything like this (yes random checks I seen by cops in NJ) but not searching all cars on a highway and then verifying if everyone is legal and harassing them if they have not carried their immigration papers.
I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.
where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules
I think the law/rule was passed/enacted in late 2008 by prev govt to make some psychos happy. It is a big problem in AZ and CA where these people routinely get in the commercial buses and ask everyone's status. so ACLU posted signs in buses telling people their rights. see my OP.
I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.
where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules
I think the law/rule was passed/enacted in late 2008 by prev govt to make some psychos happy. It is a big problem in AZ and CA where these people routinely get in the commercial buses and ask everyone's status. so ACLU posted signs in buses telling people their rights. see my OP.
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saileshdude
09-14 03:27 PM
Hi Abd,
Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.
Thanks.
Here is detail. i changed job based on AC21 portability. Did not file papers.
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.
Thanks.
Here is detail. i changed job based on AC21 portability. Did not file papers.
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
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thamizhan
07-24 11:24 AM
Do you know to which center he applied and which center sent his packet back ?
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akilhere
10-12 03:42 PM
Hi 'akilhere',
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
I got the RFE. Its says that the civil surgeon did not attach the copy of the radiologist report to form I-693. It needs the report on an official letterhead.
It also says that I don't need to take another medical exam for this.
I've contacted the Doctor's office and asked them for the same. Did you get the same RFE?
Thanks,
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
I got the RFE. Its says that the civil surgeon did not attach the copy of the radiologist report to form I-693. It needs the report on an official letterhead.
It also says that I don't need to take another medical exam for this.
I've contacted the Doctor's office and asked them for the same. Did you get the same RFE?
Thanks,
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indianindian2006
07-14 06:49 PM
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
Good luck.
This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
Good luck.
sri1309
02-18 05:48 PM
The only thing I liked is at the end that says
"Makes permanent an INA provision allowing adjustment of status of certain aliens for whom family-sponsored or employment-based applications or petitions were filed by a specified date".
But that doesnt mean we start dreaming again.. Lets put our efforts. I got an email from Obama today (and I am sure may have also go who have previously posted their stories on his site) that he wants to hear from us what we think about the currrent issues.
Did you post your story and the problems we are facing?.
Lets keep writing non-stop. We just need an admin fix, not the whole CIR.
"Makes permanent an INA provision allowing adjustment of status of certain aliens for whom family-sponsored or employment-based applications or petitions were filed by a specified date".
But that doesnt mean we start dreaming again.. Lets put our efforts. I got an email from Obama today (and I am sure may have also go who have previously posted their stories on his site) that he wants to hear from us what we think about the currrent issues.
Did you post your story and the problems we are facing?.
Lets keep writing non-stop. We just need an admin fix, not the whole CIR.
chanduv23
09-10 11:42 AM
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
