HV000
07-23 11:52 AM
Show me the law that says they MUST use 140,000. Sadly, I think you're wrong.
Well, the law says to issue 140,000 visas for Employment based immigration!!
The issue is USCIS that did not utilize those numbers when there was a HUGH BACKLOG!!
Well, the law says to issue 140,000 visas for Employment based immigration!!
The issue is USCIS that did not utilize those numbers when there was a HUGH BACKLOG!!
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gc_bulgaria
01-05 11:20 PM
Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
OK, before you jump at me, and accuse me of being "you people", read my earlier post. I had a scholarship at Duke because my education from the 'garbage' college in India was deemed to be comparable to a 4.0 GPA here. As far as affirmative action is concerned, you have it here too.
Anything more Gayatri?
:eek:
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
OK, before you jump at me, and accuse me of being "you people", read my earlier post. I had a scholarship at Duke because my education from the 'garbage' college in India was deemed to be comparable to a 4.0 GPA here. As far as affirmative action is concerned, you have it here too.
Anything more Gayatri?
:eek:
Raju
08-05 09:47 AM
In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/showthread.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
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JunRN
10-01 03:16 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
more...
grimreaper
12-08 09:36 PM
Anyone?
485Mbe4001
06-10 12:32 PM
From Ron Gotchers site:-
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
more...
sagittariusarm
09-30 04:43 PM
My EB3 PD is Oct 2003. I-140 approved and I-485 ND is July24th.when can i expect to get the green card?. thanks in advance.
Good question!!!
I think all our folks here and myself have the same question too. My PD is 10/2003 and RD July 2nd. p_kumar, I can assure nobody can answer this question, not even USCIS. I am sure this site would have not existed if there was an answer. Sorry for beating round the bush, I am sure you would have known the answer by now.
Good question!!!
I think all our folks here and myself have the same question too. My PD is 10/2003 and RD July 2nd. p_kumar, I can assure nobody can answer this question, not even USCIS. I am sure this site would have not existed if there was an answer. Sorry for beating round the bush, I am sure you would have known the answer by now.
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logiclife
07-05 05:07 PM
Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.
Going to meet Congress Congresswoman Eshoo staff next week.
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
Going to meet Congress Congresswoman Eshoo staff next week.
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
more...
kartikiran
08-23 08:34 AM
So does this mean:
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
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atlfp
06-02 06:31 PM
The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.
So people who didn't get their 140 through before the president signs the bill would be screwed?
You are not really screwed if (a big if) somehow you get a chance to file for I-485.
PS: I am not supporting the bill and I hate it as much as you do.
So people who didn't get their 140 through before the president signs the bill would be screwed?
You are not really screwed if (a big if) somehow you get a chance to file for I-485.
PS: I am not supporting the bill and I hate it as much as you do.
more...
spicy_guy
09-01 01:13 PM
Landed in Feb 2000 ....
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
All Desi employers?
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
All Desi employers?
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jonty_11
07-11 12:16 PM
Now all those who have just become current...its lottery.!!!!
See if you hit the jackpot by Aug End.
See if you hit the jackpot by Aug End.
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rajamanikannan
09-10 06:15 PM
I made my contribution today!
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rahulpaper
09-13 03:14 PM
Anyone can do this!
The AILA media link is great, easy to do. Just type in your zip code and you will get a list of all news papers/radio stations/TV stations in your area.
Just personalize the email and submit submit submit
Please post the URL
The AILA media link is great, easy to do. Just type in your zip code and you will get a list of all news papers/radio stations/TV stations in your area.
Just personalize the email and submit submit submit
Please post the URL
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theperm
08-01 05:02 PM
would really like to reflect my thoughts, experience & opinion in writing, but please do note: i don`t have a journalisim background.
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rongha_2000
04-30 03:44 PM
This was a good one..!! what was the response?
Nice point - he is asking for suggestions to improve the process (making things quicker) ... any suggestions at all !!!!
Joke joke... the reply was it will take some time to get back to you on that ... questioner asked - is it going to take as long as it takes to get a visa or faster???
Nice point - he is asking for suggestions to improve the process (making things quicker) ... any suggestions at all !!!!
Joke joke... the reply was it will take some time to get back to you on that ... questioner asked - is it going to take as long as it takes to get a visa or faster???
more...
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pstvak
09-11 08:16 PM
I support this great org. Difficult to travel from WA with famliy and kid.
Contributed 100$. Google Order #204480874815294
Regards
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Regards
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vban2007
07-15 03:06 PM
Keep It Up Guys
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pappu
07-18 07:48 PM
Defense bill pulled after troop drawdawn measure fails
http://www.cnn.com/2007/POLITICS/07/18/us.iraq.ap/index.html
Immigration Amendments on War Bill Fall by Wayside
http://www.numbersusa.com/index
Do not worry. We are going to explore each and every small window of opportunity to get any or some provisions in as situation allows. What is most important for us is to not lose momentum and focus. EAD is just a temporary relief. People are now going to be stuck in EAD stage and dates will move slowly. Each year people will have to renew EADs. We need a fix to the problem and end retrogression.
http://www.cnn.com/2007/POLITICS/07/18/us.iraq.ap/index.html
Immigration Amendments on War Bill Fall by Wayside
http://www.numbersusa.com/index
Do not worry. We are going to explore each and every small window of opportunity to get any or some provisions in as situation allows. What is most important for us is to not lose momentum and focus. EAD is just a temporary relief. People are now going to be stuck in EAD stage and dates will move slowly. Each year people will have to renew EADs. We need a fix to the problem and end retrogression.
justAnotherFile
08-08 03:22 PM
good note.
I think a line or two on how the EB immigrant is hampered while waitng for those 5-10 years will be useful. (i.e limited by not being able to switch jobs or even roles within the same company because switching would mean restarting the GC all over from scratch, and spouses having to remain idle even if they are highly qualified on their own, and difficulty of investing in real-estate without any permanance)
I think a line or two on how the EB immigrant is hampered while waitng for those 5-10 years will be useful. (i.e limited by not being able to switch jobs or even roles within the same company because switching would mean restarting the GC all over from scratch, and spouses having to remain idle even if they are highly qualified on their own, and difficulty of investing in real-estate without any permanance)
chanduv23
06-10 10:09 AM
Guys,
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.
Making phone calls is the best form of Gandhigiri at this moment
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.
Making phone calls is the best form of Gandhigiri at this moment
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