ramus
07-03 05:10 PM
Thank you.. Also please take part in media coverage thread...and also ask other members to contribute.
Contributed $100 for the lawsuit.
Confirmation Number: 40W931175C853351T.
Contributed $100 for the lawsuit.
Confirmation Number: 40W931175C853351T.
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anilsal
12-13 12:44 AM
I still cannot understand why they do not allow one to file I-485 when the visa numbers are not current. Atleast 485 will give the person an opportunity to obtain a EAD card.
If not, the person is in a limbo.
If not, the person is in a limbo.
pappu
07-24 10:56 AM
I will try to dig out the actual memo. But this is from the oh law firm page:
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06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
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Life2Live
07-09 04:05 PM
Hatz off to that lady... Lot of us are still thinking to fill law-suit against USCIS/DOS.... We should act fast now and file law-suit rather than just waiting and discussing here. I felt bad some people even asked when will be outcome of that law-suit....That clearly tells you are going to wait till the out come of it and you will file law-suit....
Weird........Weird...Weird
Weird........Weird...Weird
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guy03062
11-11 05:00 PM
Good one :p
I am surprised that this thread is still active. Usually by this time somebody from the core group puts a statement and that usually closes the discussion. I am sure this will happen soon since atleast a few posters have been requesting asistance from Pappu regarding this issue. I am just waiting for that post to come...dont know when. Hey pappu why are you taking so long......why dont you post and tell all our friends who are currently so emotional about the reality of pursuing the legal option...
I am surprised that this thread is still active. Usually by this time somebody from the core group puts a statement and that usually closes the discussion. I am sure this will happen soon since atleast a few posters have been requesting asistance from Pappu regarding this issue. I am just waiting for that post to come...dont know when. Hey pappu why are you taking so long......why dont you post and tell all our friends who are currently so emotional about the reality of pursuing the legal option...
dingdong12
09-09 02:25 PM
American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.
more...
memyselfandus
09-18 11:40 PM
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
1. We must immediately change our name to LegalImmigrationVoice.com( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
This is my from of contribution.
1. We must immediately change our name to LegalImmigrationVoice.com( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
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alex99
10-29 07:47 AM
^^^^^^^^^^
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speddi
07-13 09:25 AM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
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kaisersose
08-17 10:06 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
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SunnySurya
07-28 12:08 PM
In my case, you are the Judge , Jury and the excutioner.
In your case, it will be the government and legal system of the USA and actually there is law preventing such things. So I was not kidding.
The transcripts on this thread will serve as a record, if need be..
And what about giving your IP address to authorities because you incited my religious feelings?
In your case, it will be the government and legal system of the USA and actually there is law preventing such things. So I was not kidding.
The transcripts on this thread will serve as a record, if need be..
And what about giving your IP address to authorities because you incited my religious feelings?
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gimme_GC2006
04-06 11:31 PM
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
hahahah...too funny
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
hahahah...too funny
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anurakt
01-16 06:50 AM
If you remember that I had pledged $1000 in last 20$ campaign and you guys could only shell out $500 out of me...which means that I still have a block of $500 which was not spent for IV in the past. Here is my next pledge :
" I will donate a lumpsum amount of $500 when we have the following level of monthly contribution and verified by IV core members :
200 members for 20$ and 100 members for $50 and 20 members for $100 , there is no date restriction attached this time , but I hope that it's done in this month, I call upon the members who can take this challenge and take that $500 from my pocket this time"
Note : Kvrr has signed for $100 and I will sign up for another $100 , which means we have only 18 members to go for $100 monthly to finish one piece of my pledge.
" I will donate a lumpsum amount of $500 when we have the following level of monthly contribution and verified by IV core members :
200 members for 20$ and 100 members for $50 and 20 members for $100 , there is no date restriction attached this time , but I hope that it's done in this month, I call upon the members who can take this challenge and take that $500 from my pocket this time"
Note : Kvrr has signed for $100 and I will sign up for another $100 , which means we have only 18 members to go for $100 monthly to finish one piece of my pledge.
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gc28262
04-10 10:24 PM
and what is your point?
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
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spicy_guy
07-12 05:56 PM
:)Anything can be done without an attorney....the issue arises if USCIS or DOl comes back with a question. Best thing is to put in some money, pay an attorney and let them handle it.
Most of the immigration stuff is simple if everything is clean....but you never know.
Why pay for an attorney unless your case is complicated?
Its straightforward and you can do it on your own.
Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.
Most of the immigration stuff is simple if everything is clean....but you never know.
Why pay for an attorney unless your case is complicated?
Its straightforward and you can do it on your own.
Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.
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chanduv23
09-10 11:56 AM
Are you guys in jail or something?
Many are : they jailed themsleves inside their closets
Many are : they jailed themsleves inside their closets
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gauravster
11-12 04:58 PM
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
If spillover happens, it will go to EB2 India sure. But getting the visas used is better than having them wasted. Also, though remote, everyone in EB3 does have a remote chance that at sometime, they might be ported to EB2. For example, those who have EAD, but working with a different employer now (after getting EAD) can ask for the employer to file a new application and be eligible for EB2. Some in same company may also be able to apply for porting.
There is no problem in having multiple fronts of attack to the problem.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
If spillover happens, it will go to EB2 India sure. But getting the visas used is better than having them wasted. Also, though remote, everyone in EB3 does have a remote chance that at sometime, they might be ported to EB2. For example, those who have EAD, but working with a different employer now (after getting EAD) can ask for the employer to file a new application and be eligible for EB2. Some in same company may also be able to apply for porting.
There is no problem in having multiple fronts of attack to the problem.
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smartboy75
07-11 12:47 PM
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
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fromnaija
01-19 10:59 AM
The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.
indyanguy
02-20 06:49 PM
If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)
To interfile, do we need to start the PERM/140 process again for a different EB2 position? Do we port the date from EB3 to EB2 while we apply for EB2 140?
Is this a straight forward process? What happens if interfiling is denied?
To interfile, do we need to start the PERM/140 process again for a different EB2 position? Do we port the date from EB3 to EB2 while we apply for EB2 140?
Is this a straight forward process? What happens if interfiling is denied?
GCNaseeb
10-12 09:20 PM
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