gc_on_demand
04-30 10:38 AM
04/30/2008: Petitions & Applications Pending as of March 31, 2008 - USCIS
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
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chanduv23
05-15 10:03 PM
For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.
Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
IAMINQ
04-02 02:36 PM
I received my labor approval in dec 2005 from Philadelphia Backlog Center
Priority Date: March 2004, EB3
Filed from Philadelphia Region.
Priority Date: March 2004, EB3
Filed from Philadelphia Region.
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black_logs
03-16 11:07 AM
It's our bad luck that Legal and illegal immigration are bundled together in 1 bill.
more...
Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
makemygc
09-10 02:34 PM
Manish,
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
more...
delhirocks
07-21 03:57 PM
There are no US embassies on US soil..I think you meant USCIS local office and are alluding to "interim" EADs. USCIS discontinued that practice last year.
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
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GC_Optimist
09-29 11:59 AM
By not utilizing all the visa numbers USCIS is creating artificial scarcity
leading to huge Backlog. I think this needs to be highligted to the
lawmakers. or Administration.
leading to huge Backlog. I think this needs to be highligted to the
lawmakers. or Administration.
more...
langagadu
03-04 12:19 PM
do have your 140 approved?
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
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swissgear
08-23 08:47 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
more...
cheg
07-23 04:03 PM
"my PD were current in 2005.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
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Milind123
09-12 11:16 AM
Thankyou satyachowdary and sameold.
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. satyachowdary and sameold please consider monthly contributions.
Here are my details
Order Details - Sep 12, 2007 11:34 AM EDT
Google Order #365470411117583
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. satyachowdary and sameold please consider monthly contributions.
Here are my details
Order Details - Sep 12, 2007 11:34 AM EDT
Google Order #365470411117583
more...
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abhidos37
08-21 02:54 PM
Last week I went to Trenton for DL renewal with H1 extension receipt (original), letter from employer, but in vain. They need approved docs. Luckily this week I got the H1 extended and today I carried the original approved H1 I-797A and got the DL extended. I got only 2 years H1/DL extension after 6 year completion with I-140 approved and 485 in progress. Fyi
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Guest007
06-29 02:43 PM
I'm really hoping they'll catch up and we won't have to wait 4 months. My 6th year H1 is expiring this December and I need to get the I-140 approved so I can get H1 extension.
You dont need a approved 140 for filing H1 extension for 7th year.. Only advantage with approved 140 is you will get 3 yr extension instead of 1.
All you need for H1 extension for 7th year is that a labor cert be filed at starting of 6th year.
You dont need a approved 140 for filing H1 extension for 7th year.. Only advantage with approved 140 is you will get 3 yr extension instead of 1.
All you need for H1 extension for 7th year is that a labor cert be filed at starting of 6th year.
more...
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gapala
03-04 10:01 AM
First of all EAD is not a status. You need to provide them details on whether you are on H1B or AOS / Parolee (if used AP to travel or EAD to work).
Hope this helps.
Hope this helps.
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Dhundhun
03-18 01:55 PM
Can you show us the source of your information? It is very clearly written on the IRS website that if Married and filing jointly, both need to have SSN. If one spouse has ITIN, you will not get ANY rebate.
Here it is:
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
I can feel my H1B friends being hurt due to such discrimination.
I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.
Here it is:
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
I can feel my H1B friends being hurt due to such discrimination.
I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.
more...
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lonedesi
06-18 12:43 PM
I emailed them not as me but as my employer( point of contact mentioned in the labor petition) and it works they send me a copy of the labor approval to my house along with a copy to my employer and one to my attroney. It really works.
Is this a PERM application or the labor application at one of the BEC's? Please let us know.
Is this a PERM application or the labor application at one of the BEC's? Please let us know.
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sravs1234
01-10 09:40 PM
Thanks sy. I fully agree it's the agent we deal with. My BOA loan coordinator is extremely stubborn & doesn't have any clue regarding immigration. From day 1 she is stuck on unexpired I-94 & till today she asks me to furnish that. Is it possible that I can contact you or any of your friends through email / phone & discuss to check where I am going wrong. I can furnish my contact details if needed.
DCU is the way to go. To get membership, you may have to donate a few dollars to some group and become a member, before you can open an account. Their rates are competitive, and closing costs are "very decent". 90% of the stuff can be done over ph/fax/email. The best thing that my friend said was even without 20% down payment, his PMI (private mortgage insurance) was a mere 30 dollars (for a 220k home).
sy
DCU is the way to go. To get membership, you may have to donate a few dollars to some group and become a member, before you can open an account. Their rates are competitive, and closing costs are "very decent". 90% of the stuff can be done over ph/fax/email. The best thing that my friend said was even without 20% down payment, his PMI (private mortgage insurance) was a mere 30 dollars (for a 220k home).
sy
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bluekayal
03-09 11:47 AM
is it over now? All I get is buzzzzz
mbawa2574
07-06 01:49 AM
Why does the line on top of this page say
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
gumpena
08-02 05:17 PM
How do you guys get this daily update.. going by this, it will take them 2 months just to clear first 2 days of july - even after assuming all receipts issued are for I-485 cases, which is far from truth!
This includes I-485,I-765, I-131, I-140..
This includes I-485,I-765, I-131, I-140..
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