looivy
07-14 06:22 PM
They are cashing (name or headlines) on our people's hardwork. They have no right to take credit for other people's effort. How many folks did they send to today's rally or how many flowers did they send?
Does it really matter who the messenger is as long as the message gets through?
Does it really matter who the messenger is as long as the message gets through?
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sledge_hammer
02-23 02:51 PM
And who is complaining about all of this?
It is gcisaDAWG :D
Dhoni should be banned....
http://thatscricket.oneindia.in/news/2009/02/19/indi-will-start-as-underdogs-dhoni.html
How dare he can say "India will start as underdogs: Dhoni" :D
Dannyboyle is calling Slum people "Slumdogs" and Dhoni is calling Indian cricket team as "Underdogs"..
What is happening? :)
n4nature
It is gcisaDAWG :D
Dhoni should be banned....
http://thatscricket.oneindia.in/news/2009/02/19/indi-will-start-as-underdogs-dhoni.html
How dare he can say "India will start as underdogs: Dhoni" :D
Dannyboyle is calling Slum people "Slumdogs" and Dhoni is calling Indian cricket team as "Underdogs"..
What is happening? :)
n4nature
vinodp1978
06-28 01:11 PM
does this mean that i cannot get a 3 yr extension based on approved I-140 pp? My labor is not pending for 365 days and so I am solely depending on I-140 approval for a 3 yr extension. I am filing i-140 and i-485 concurrently before July 5...will this give me an EAD option even if 140 takes longer to get approved?
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deardar
07-06 11:00 AM
Since attorney's office is filing my papers, will they buy the point of filing it IS SPITE OF, the USCIS issueing the statement Monday(JULY 2) morning ?
more...
pmb76
07-19 04:13 PM
EB2 India - PD Nov 2005 Reached July 2, 9:01 am
amitkhare77
12-30 11:56 PM
true, my green card was filled EB 3 Software Engineer, today I am an architect, jumped 3 level up . I dont know why you can't get promoted.
You can still get promoted while on H1B just don't give up hope. If you're not getting promoted even if you're performing well, then there's something fishy going on with your employer.
You can still get promoted while on H1B just don't give up hope. If you're not getting promoted even if you're performing well, then there's something fishy going on with your employer.
more...
India_USA
05-20 09:05 AM
Signed up for the advocacy days. Let me know how I can be of more help towards the advocacy effort
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vxg
08-06 12:54 PM
After nearly 15 months, going by recent postings here , I was tempted to call IO to get any update on my 'pending I-485' . I happened to talk to a nice IO on my first attempt. She took some time to check on status and told me my 'name check is pending'. I told her on previous occasions / Infopass I was all the time told 'everything for me, especially name check is cleared'. She came out with an explanation---- your 2nd FP was cleared on 17 July 09 (Yes, I had 2nd FP on 7/6/09 as Ist FP in Sept 07 'expired' after 15 Mo validity) and that is why new 'name check' is initiated.
I can not believe this. If this is so, they may have to wait for 180 days even if there is nothing adverse from fbi and the dates become current.
It is very creepy.....
Please, share your thoughts if uscis require NC again and again for this never ending GC process ..
What is the frequency at which FP is done. I filed in Aug 2007 and got FP done in OCT 2007. I have not received any more FP notice. Should i be getting a new FP notice?
I can not believe this. If this is so, they may have to wait for 180 days even if there is nothing adverse from fbi and the dates become current.
It is very creepy.....
Please, share your thoughts if uscis require NC again and again for this never ending GC process ..
What is the frequency at which FP is done. I filed in Aug 2007 and got FP done in OCT 2007. I have not received any more FP notice. Should i be getting a new FP notice?
more...
gc_on_demand
06-12 12:12 PM
This is my thought process (also referred by Ron G):
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.
As per replies to senator from USCIS
EB2 india has 50k and Eb3 india has 70k apps. See last 10 years with horizontal or vertical fall none get more than 15k in a given year.
If they do get same spill over then Eb2 india needs 3 years and Eb3 india needs 4 years after Eb2 get clear. OR USCIS stop receiving app from any one for next 1 and half year and then start accepting agian. ( Which is not possible as per law ).
So bottom line is
Either Recapture or removing counrty cap will end current backlog , both will end current as well future backlog and none will make situation worse if more demand from ROW.
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.
As per replies to senator from USCIS
EB2 india has 50k and Eb3 india has 70k apps. See last 10 years with horizontal or vertical fall none get more than 15k in a given year.
If they do get same spill over then Eb2 india needs 3 years and Eb3 india needs 4 years after Eb2 get clear. OR USCIS stop receiving app from any one for next 1 and half year and then start accepting agian. ( Which is not possible as per law ).
So bottom line is
Either Recapture or removing counrty cap will end current backlog , both will end current as well future backlog and none will make situation worse if more demand from ROW.
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ramus
06-28 05:13 PM
If 140 is approved and dates are current most likely you will get one year extension...But sure you will get H1B extension.
I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.
I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.
more...
gcphul
08-25 02:22 PM
Hey Guys,
I had same suitation 2 years back. I have been to Regional DMV in Trenton they refused and then I went to Edison DMV my DL renewd for 3 months with receipt #. The Lady at desk shown me the copy of some Rule has a provison that DL can be renew based on Receipt# with employer letter.Once we get the approval we have to go DMV and renew again based on new i94date.
here are the step to follow.
1) Go to Edison DMV near Pathmark Complex( i think its middlesex complex).
2) Get a letter from Employer saying that ur been with so and so years and filed h1 extension with receipt#. ( Orginal Letter from Employer not Xerox copy). They will take the letter.
3)Orginal Recepit showing proof of H1 extension and take a couple of Xerox copies they may take one of them.
4) Passport (Orginal just in case if they ask u)
5) SSN( Orginal Just in case if they ask u).
Good Luck guys
I had same suitation 2 years back. I have been to Regional DMV in Trenton they refused and then I went to Edison DMV my DL renewd for 3 months with receipt #. The Lady at desk shown me the copy of some Rule has a provison that DL can be renew based on Receipt# with employer letter.Once we get the approval we have to go DMV and renew again based on new i94date.
here are the step to follow.
1) Go to Edison DMV near Pathmark Complex( i think its middlesex complex).
2) Get a letter from Employer saying that ur been with so and so years and filed h1 extension with receipt#. ( Orginal Letter from Employer not Xerox copy). They will take the letter.
3)Orginal Recepit showing proof of H1 extension and take a couple of Xerox copies they may take one of them.
4) Passport (Orginal just in case if they ask u)
5) SSN( Orginal Just in case if they ask u).
Good Luck guys
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chi_shark
09-29 07:55 PM
I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...
well! best of luck to you guys! go on sharing your stories.
well! best of luck to you guys! go on sharing your stories.
more...
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kittu1991
08-26 02:53 PM
Even if its multiplied by 100 we should be ok, if the USCIS does a good of not waisting visas by doing their best in the month of Sep. Say we have 6500 * 2 .25 (Family) = 15000people waiting from EB2 2004. Looking at the spillover numbers from last year, we might be lucky enough. Just trying to be optimistic for the next 35 days.
We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)
We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)
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krishmunn
04-20 11:09 AM
Hi Pankaj,
Was your case rejected due to the number of years of education (10+2+3+2 = 17)?
What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.
You are right -- 3 Year Bachelor + 3 year Master (in related field) is good to go. 3 Year Bachelor + 2 year Master is unlikely to sail through.
In this case, OP need to establish that his/her Masters is 3 years.
Was your case rejected due to the number of years of education (10+2+3+2 = 17)?
What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.
You are right -- 3 Year Bachelor + 3 year Master (in related field) is good to go. 3 Year Bachelor + 2 year Master is unlikely to sail through.
In this case, OP need to establish that his/her Masters is 3 years.
more...
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gk_2000
04-20 08:14 PM
Mexico is lobbying for all out amnesty. Their backlog is far lesser .
Mexican PD's from the visa bulletin:
EB3: 08SEP04
Other: 08SEP03
Isn't this far away enough?
Mexican PD's from the visa bulletin:
EB3: 08SEP04
Other: 08SEP03
Isn't this far away enough?
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kittu1991
08-26 06:40 PM
As if things weren't enough complex, today my friend told me one more thing about finger prints. His PD is 2004 Sep EB2, so he called USCIS to know the status of his application. Then they told him that his finger prints got expired (as per them they expire after every 15 months). So they will invoke the notice to get him an appointment for finger prints. They also mentioned if finger prints have expired then they can't process the application unless it gets renewed.
Although this is first hand information, I was very surprised and not sure whether or not to believe the information given by USCIS call center.
The information that my attorney gave me was on similar lines. From what she told me its a good sign that I got my biometric appointment for next month when my PD is current. You never know, its USCIS.
Although this is first hand information, I was very surprised and not sure whether or not to believe the information given by USCIS call center.
The information that my attorney gave me was on similar lines. From what she told me its a good sign that I got my biometric appointment for next month when my PD is current. You never know, its USCIS.
more...
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485Question
11-09 12:30 AM
Have a wonderful and colourful Diwali
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xyzgc
01-14 08:18 PM
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. For them "Receive Date" is not what you see on your receipt, it is the date they physically received the case (thus if case is moved from one center to another, meaningful Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
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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!
yabadaba
07-18 09:53 AM
then u have no options... either file ur 485 or dont...if u file then wait till ur priority date gets current and file ur wife's at that time
diesel
02-24 03:00 PM
Just joined and contributed.
Thanks for the great work ! :)
Thanks for the great work ! :)
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