HV000
07-22 12:07 PM
Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
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admin
03-02 12:52 PM
it`s not working
One needs Realplayer to listen to the hearings. But even then I only get a high pitched sound.
One needs Realplayer to listen to the hearings. But even then I only get a high pitched sound.
john2255
07-23 10:47 AM
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
This is also a very good idea. By the way how many wrote to their senator's.
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
This is also a very good idea. By the way how many wrote to their senator's.
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us-alien
07-23 05:22 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Here's my analysis on how this case which a late PD could have been approved this fast:
1) this labor might have been approved from one those states which had fast approvals was able to able to apply for concurrent filing before jan 1st, 2005 when EB3 retrogressed.
2) since there were very less cases between 2003-2004 in I-485 (due to slow BEC processing), this particular case was selected based on RD.
3) but with the current openings, there will be a lot of cases between 2003-2004 enough to use up the numbers esp for india until the next several years.
So i dont think we can guess that the I-485 dates will now be at 2005 or later.
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Here's my analysis on how this case which a late PD could have been approved this fast:
1) this labor might have been approved from one those states which had fast approvals was able to able to apply for concurrent filing before jan 1st, 2005 when EB3 retrogressed.
2) since there were very less cases between 2003-2004 in I-485 (due to slow BEC processing), this particular case was selected based on RD.
3) but with the current openings, there will be a lot of cases between 2003-2004 enough to use up the numbers esp for india until the next several years.
So i dont think we can guess that the I-485 dates will now be at 2005 or later.
more...
sanjeev_2004
09-28 10:17 PM
USCIS don’t understand how desperately we need GC to get rid of these Middle client suckers. We are counting every day and they are just careless about their job.
GCwaitforever
01-23 03:52 PM
After a looo...ong wait, finally my labor petition is certified according to the web site.
PD: May 2002
EB2, Non-RIR
Remanded as TR from RIR in 2003
Made it to Regional in 2004
Ended up in BEC in Feb 2005
Certified as of today !!!
PD: May 2002
EB2, Non-RIR
Remanded as TR from RIR in 2003
Made it to Regional in 2004
Ended up in BEC in Feb 2005
Certified as of today !!!
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singhsa3
09-12 01:50 PM
These are all good thoughts but what u are suggesting takes some time.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
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sledge_hammer
04-17 10:21 AM
EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
HSBC denied my refinance application because of EAD status. They said EAD is not one of the statuses they accept. They needed either H1B or GC status. I lost my $325 rate locking fee, not sure what else my real estate attorney is going to charge me because of this denial. I am in the process of talking to other banks.
Hope this helps someone not to loose money.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
HSBC denied my refinance application because of EAD status. They said EAD is not one of the statuses they accept. They needed either H1B or GC status. I lost my $325 rate locking fee, not sure what else my real estate attorney is going to charge me because of this denial. I am in the process of talking to other banks.
Hope this helps someone not to loose money.
more...
ksrk
09-10 07:37 PM
28.6% of 7% of 140,000 per quarter is 700 not 2450.
Hi sachug22,
The 7% per country limit applies in the first two quarters independent of EB category. Hence the 2450.
Unless, of course you are again dividing that as 28.6% per category - suspect EB1 takes up 28.6% of the 2450...
Anyways, like several have pointed out, USCIS is beyond all this logic! :)
Hi sachug22,
The 7% per country limit applies in the first two quarters independent of EB category. Hence the 2450.
Unless, of course you are again dividing that as 28.6% per category - suspect EB1 takes up 28.6% of the 2450...
Anyways, like several have pointed out, USCIS is beyond all this logic! :)
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espoir
07-19 01:02 PM
Just Signed up for $100/month recurring contribution. upgrade from $20/month in addition to $300 one time contribution in june.
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gk_2000
04-21 06:26 PM
My hearty congratulations..
Your degree was 3 yr or 4?
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
Your degree was 3 yr or 4?
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
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mpadapa
08-13 05:18 PM
This the time to unite rather than giving up.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
more...
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hsd31
09-01 01:12 PM
Aug 2000: Came here on F1
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
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gc28262
03-12 03:12 PM
................................................
.................................................. ..................................
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
.................................................. ..................................
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
more...
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skv
06-20 10:38 AM
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Delays at DOL PERM Processing Center in Atlanta to End Soon!
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
Delays at DOL PERM Processing Center in Atlanta to End Soon!
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
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gccovet
11-21 05:04 PM
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
GCCovet
This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
GCCovet
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desi485
11-26 01:19 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
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ragz4u
03-08 02:05 PM
He has asked the absent senators via staffers that if they do not want to come to hearings, they can leave this committee and let others take their place. Apparently they need atleast one democrat to proceed.
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us
mkashif4
10-05 10:52 AM
14 years and still waiting for GC. Switched several companies and working on EAD now.
villamonte6100
04-01 02:19 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
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