ItIsNotFunny
10-03 01:53 PM
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 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.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 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.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
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cbpds
07-05 04:19 PM
Too bad u fell for Obama's political POS :)
After listening to his crystal cut views about fixing broken immigration system, my confidence level is boosted and felt like Dr.Obama has guts to deal this challenging CIR initiative for the better future of immigrants and for families of all of those hardworking smart legal immigrants who have been waiting for approvals from past 10 years. Hope it's not alluring speech for his upcoming elections. Problem clearly persists with politicians who don't like our EB VISA applicant community.
I think these following things should be the high priority items for IV core team and to all of us. People who have been patiently waiting to file for 485 since JULY 2007 are loosing hopes based on ongoing immigration trends. I think that it would take at least another 2 or 3 years to pass the CIR and to see it's law in action if GOP fellas have guts and to let this pass it successfully. I think that we should focus on two things to minimize the damage to our personal and professional lives.
I think one quick solution for fixing the issue of century old broken immigration system of USCIS is by allowing disciplined and long waited legal immigrant applicant to file for 485 application once his/her (I-140) application is approved. (Technically, I-140 is the real application for employment based green card. It makes sense for allowing applicant to file for AOS application (I-485 for personal information). this is justifiable with the current USCIS practice as USCIS doesn't approve his/her green card even if his/her PD ( Priority Date) is current unless they have visas to allocate for the case, so it should make prefect sense for 140 approved applicants to allow them to file for I-485)
Another thing is about huge EB backlogs for this broken system , that can be fixed temporarily by supporting and passing the recapture bill which allocates visas of those unused and wasted around 400K immigrant visas of last several years..
After listening to his crystal cut views about fixing broken immigration system, my confidence level is boosted and felt like Dr.Obama has guts to deal this challenging CIR initiative for the better future of immigrants and for families of all of those hardworking smart legal immigrants who have been waiting for approvals from past 10 years. Hope it's not alluring speech for his upcoming elections. Problem clearly persists with politicians who don't like our EB VISA applicant community.
I think these following things should be the high priority items for IV core team and to all of us. People who have been patiently waiting to file for 485 since JULY 2007 are loosing hopes based on ongoing immigration trends. I think that it would take at least another 2 or 3 years to pass the CIR and to see it's law in action if GOP fellas have guts and to let this pass it successfully. I think that we should focus on two things to minimize the damage to our personal and professional lives.
I think one quick solution for fixing the issue of century old broken immigration system of USCIS is by allowing disciplined and long waited legal immigrant applicant to file for 485 application once his/her (I-140) application is approved. (Technically, I-140 is the real application for employment based green card. It makes sense for allowing applicant to file for AOS application (I-485 for personal information). this is justifiable with the current USCIS practice as USCIS doesn't approve his/her green card even if his/her PD ( Priority Date) is current unless they have visas to allocate for the case, so it should make prefect sense for 140 approved applicants to allow them to file for I-485)
Another thing is about huge EB backlogs for this broken system , that can be fixed temporarily by supporting and passing the recapture bill which allocates visas of those unused and wasted around 400K immigrant visas of last several years..
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gc??
05-07 12:03 PM
Just bought a T-shirt and donated for the event.
Will definitely be there on the lobby days!
Will definitely be there on the lobby days!
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god_bless_you
04-26 08:53 AM
good job!!
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GCHPLC
12-14 01:28 PM
I know for sure that local office send an e-mail to processing center, it is not in Nebraska or Texas, it is at National Benefits Center (MSC). Mine and my husband's status of EAD was "no decision" . The e-mail sent to MSC with request to finalize the decision. I did not take any evidence, I did not know at that moment that I could. But it worked and I had my EAD after 7 days to be exact.
immigrationmatters30
09-23 12:35 PM
@3PM EST
Is the link still working.....what time are they supposed to begin
Is the link still working.....what time are they supposed to begin
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gcseeker2002
12-06 09:30 PM
You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
I have already waited 90 days, my RD is July 02, ND is July 27.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
I have already waited 90 days, my RD is July 02, ND is July 27.
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PhysicianAssistant
05-24 04:59 PM
Does the bill make any special provisions for health care workers? nurses? Is schedule A a thing of the past?
more...
gcpool
05-24 03:56 PM
Since the application is no longer based on an employer, then I guess you can change jobs any time. And so you dont need AC21.
Its totally based on the applicant. You have to earn the points to get a greater possibility to get it approved (Do an MS, get higher score in TOFEL, more experience in the US and yes hope your sibling gets his/her GC before you)
Also you dont need to deal with incompetent lawyers and the employers no longer have control over you.
The question that arises is that an application is valid for 3 years then its deemed denied. Does that mean you cant try again because you did not make it in the quota for that time period. And does it mean you have to go back.
Please correct me if I am wrong
Its totally based on the applicant. You have to earn the points to get a greater possibility to get it approved (Do an MS, get higher score in TOFEL, more experience in the US and yes hope your sibling gets his/her GC before you)
Also you dont need to deal with incompetent lawyers and the employers no longer have control over you.
The question that arises is that an application is valid for 3 years then its deemed denied. Does that mean you cant try again because you did not make it in the quota for that time period. And does it mean you have to go back.
Please correct me if I am wrong
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msreddy_c
08-20 05:43 PM
sent to 2 representatives in TX
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21stIcon
02-19 04:35 PM
Not that you know , you should have bought it before or you should have done through research before wasting others time.
I have 7 polices with LIC in India, One 700k term life with prudential and 300k whole life for my wife, but whole life in US Prudential is bad experience with one of well known company then done research on this topic. Whole life insurance policy all over the world has surrender charges(including LIC in India). you would not get full benefit if you do not complete 10/20/30 years term on your policy,you would get part of your money and loosing a lot.
I have 7 polices with LIC in India, One 700k term life with prudential and 300k whole life for my wife, but whole life in US Prudential is bad experience with one of well known company then done research on this topic. Whole life insurance policy all over the world has surrender charges(including LIC in India). you would not get full benefit if you do not complete 10/20/30 years term on your policy,you would get part of your money and loosing a lot.
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Sandeep
01-06 12:55 PM
Guys, we have 200+ members on board but only a fraction have contributed. So does that mean that the rest do not know about this?
Please pass on this message to your friends
**************
As you probably know, Employment Based immigration is currently showing years of retrogression; more than 350,000 labor applications are stuck in the backlog centers and there is no information on when we can see even a ray of hope. Applicants have to wait for their green cards for as many as 4-7 years, depending on the country where they were born. With retrogression, applicants are unable to complete their final phase of green card even if they have cleared all the previous hurdles. We, a group of volunteers at www.immigrationvoice.org (http://www.immigrationvoice.org) . We have set up a non profit organization to work towards resolution of these problems.
In the past we have seen that due to a lack of professional representation, employment based immigration issues have been ignored by the lawmakers. The latest example has been dropping of section 8001 & 8002 from the Budget Reconciliation Bill passed by the congress in December 2005. With comprehensive immigration reforms on the anvil in the early part of 2006, the time to act is now. However, with the current political scenario and the overpowering debate about illegal immigration, this is going to be an uphill battle. We have already initiated talks with professional strategists who have in the past been able to achieve goals similar to the ones we are working for. We feel that these are the following ways a professional strategist can help:
1. Identify feasible goals that can be achieved and are representative of the people in this forum. We should not have to piggy back on H1s or illegal immigration - we need an identity of our own
2. Identify the champions amongst the lawmakers, alliances, organizations who are willing to shoulder some or all of the responsibility in passing provisions to solve retrogression & address labor backlogs centers.
3. Identify opportunities to meet/interact with those mentioned in point no 2.
4. Help us in putting our points across cohesively and in a way relevant to the political situations
5. Keep a close monitor on the progress and the situation so as to identify the opportunities as they arrive.
Hiring professional strategists requires several thousands of dollars. If we hope to counter some of the anti immigration propaganda, we have to accumulate funds to the tune of atleast about $100k. Keeping this and the short deadline in mind, we would urge you to contribute at http://www.immigrationvoice.org . To lead by example, the volunteers have themselves come forward with contributions - in one night we had a collection of around $5000 from 20 contributors. This is a tiny fraction of what we as an organization need.
We also need your contribution in terms of your ideas and efforts by registering you as a Volunteer. Please be assured that funds and their utilization would be transparent in this process. All the volunteers will be provided a weekly update on the funds collected and their utilization. We look forward to you helping us and yourselves.
Please contact us for more info at info@immigrationvoice.org
Thanks
Your Name
**************
Please pass on this message to your friends
**************
As you probably know, Employment Based immigration is currently showing years of retrogression; more than 350,000 labor applications are stuck in the backlog centers and there is no information on when we can see even a ray of hope. Applicants have to wait for their green cards for as many as 4-7 years, depending on the country where they were born. With retrogression, applicants are unable to complete their final phase of green card even if they have cleared all the previous hurdles. We, a group of volunteers at www.immigrationvoice.org (http://www.immigrationvoice.org) . We have set up a non profit organization to work towards resolution of these problems.
In the past we have seen that due to a lack of professional representation, employment based immigration issues have been ignored by the lawmakers. The latest example has been dropping of section 8001 & 8002 from the Budget Reconciliation Bill passed by the congress in December 2005. With comprehensive immigration reforms on the anvil in the early part of 2006, the time to act is now. However, with the current political scenario and the overpowering debate about illegal immigration, this is going to be an uphill battle. We have already initiated talks with professional strategists who have in the past been able to achieve goals similar to the ones we are working for. We feel that these are the following ways a professional strategist can help:
1. Identify feasible goals that can be achieved and are representative of the people in this forum. We should not have to piggy back on H1s or illegal immigration - we need an identity of our own
2. Identify the champions amongst the lawmakers, alliances, organizations who are willing to shoulder some or all of the responsibility in passing provisions to solve retrogression & address labor backlogs centers.
3. Identify opportunities to meet/interact with those mentioned in point no 2.
4. Help us in putting our points across cohesively and in a way relevant to the political situations
5. Keep a close monitor on the progress and the situation so as to identify the opportunities as they arrive.
Hiring professional strategists requires several thousands of dollars. If we hope to counter some of the anti immigration propaganda, we have to accumulate funds to the tune of atleast about $100k. Keeping this and the short deadline in mind, we would urge you to contribute at http://www.immigrationvoice.org . To lead by example, the volunteers have themselves come forward with contributions - in one night we had a collection of around $5000 from 20 contributors. This is a tiny fraction of what we as an organization need.
We also need your contribution in terms of your ideas and efforts by registering you as a Volunteer. Please be assured that funds and their utilization would be transparent in this process. All the volunteers will be provided a weekly update on the funds collected and their utilization. We look forward to you helping us and yourselves.
Please contact us for more info at info@immigrationvoice.org
Thanks
Your Name
**************
more...
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raju123
04-09 01:59 PM
Gandhiji has a kind of magic, which can't describe in words. I don't agree with a logic that people wanted good leader and they accepted him without question.
At that time, returning British viceroy always advising incoming viceroy not to personally meet Mr. Gandhi, otherwise he will emotionally trap you. He had real magical power.
Gandhi was a great man no questions, he had the all the intellectual, personal and spiritual qualities required to lead the nation. With those qualities alone, he could not have convenced more than half a dozen people. The nation at that time was in need of a leader like him. When they found the right man, the followed without questions.
At that time, returning British viceroy always advising incoming viceroy not to personally meet Mr. Gandhi, otherwise he will emotionally trap you. He had real magical power.
Gandhi was a great man no questions, he had the all the intellectual, personal and spiritual qualities required to lead the nation. With those qualities alone, he could not have convenced more than half a dozen people. The nation at that time was in need of a leader like him. When they found the right man, the followed without questions.
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aadimanav
07-16 10:00 AM
:)
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nandakumar
04-12 01:46 PM
I have made 3 of my friends to contribute and i'm mailing my contribution today. It is a regular check.
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Jaime
09-22 10:55 PM
I just did some research and there are both rubber and silicone stoppers! Of course, if we send stoppers it would be good if they are all of the silicone (valley) type, if not too expensive
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admin
05-12 02:16 PM
ufo2002,
None of the bills for CIR state that the illegals will be able to file for GC right away. They will have to wait for atleast 8 years from the date the bill is passed, as per the latest Hagel Martinez version.
None of the bills for CIR state that the illegals will be able to file for GC right away. They will have to wait for atleast 8 years from the date the bill is passed, as per the latest Hagel Martinez version.
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rockstart
08-04 08:53 AM
I dont think USCIS is thinking that way. They are just picking a stack of application ( mix of all EB1 2 3 for all nationalities) and validating the applications to see if anything is missing or if there are potential reasons to deny it. If they can deny it they will do it promptly and that is one less case to be shown as pending. If they need additional info they will issue RFE and get updates. If they feel satisfied they can pre-adjudicate application and claim that count in their yearly review as acheivement.
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
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tooclose
08-12 05:32 PM
How long does the IO usually take to review 485 cases (assuming that the case has been pre-adjtd.) ? Gurus...pls post your thoughts
Gurus... do you know how long this takes usually ?
Gurus... do you know how long this takes usually ?
surabhi
07-20 05:09 PM
It requires 3/5th majority( 60 votes). Excerpt from Thomas.gov
Question: On the Motion (Motion to Waive CBA Cornyn Amdt No. 2339 )
Vote Number: 266 Vote Date: July 19, 2007, 11:00 PM
Required For Majority: 3/5 Vote Result: Motion Rejected
Question: On the Motion (Motion to Waive CBA Cornyn Amdt No. 2339 )
Vote Number: 266 Vote Date: July 19, 2007, 11:00 PM
Required For Majority: 3/5 Vote Result: Motion Rejected
anadimisra
09-15 02:02 PM
Like the other guy you said, I have an equity of 200,000 in one house and 50,000 in other house. I still don't have green card. I have around 300,000 in
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
I don't know other things about your life but about 100% of H1-B holders that I know just dream of being 0.8 millionare.
Also, one thing I find conflictng is that we all claim so much having right to be in this country as Mihir mentioned, plan a retirement home in India or other home countries. But I have seen so many Indians with GC mentioning that they want to go back to India as soon as they become citizen . Honestly if I am in USCIS and know this, I am gonna make it as tough as possible for that ethnic group to get GC's.
As far as the question of spouse working or not, hell I do not want to work myself given a chance, why would someone feel bad about not being able to work, as log as we can provide them with all they want (Not only all they need).
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
I don't know other things about your life but about 100% of H1-B holders that I know just dream of being 0.8 millionare.
Also, one thing I find conflictng is that we all claim so much having right to be in this country as Mihir mentioned, plan a retirement home in India or other home countries. But I have seen so many Indians with GC mentioning that they want to go back to India as soon as they become citizen . Honestly if I am in USCIS and know this, I am gonna make it as tough as possible for that ethnic group to get GC's.
As far as the question of spouse working or not, hell I do not want to work myself given a chance, why would someone feel bad about not being able to work, as log as we can provide them with all they want (Not only all they need).
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