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  • swaroopantoo
    09-07 06:11 PM
    Came in Aug 1997...
    Been on H1b since then...
    No EAD.
    Stuck in this process... seems forever now ....
    PD of Jun 02 in EB3...




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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate




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  • chi_shark
    03-04 02:02 PM
    Thank you for posting it.

    Any one else with recent LUDs/RFEs on their pending I-485 ?

    me and my fam got lud on everything in nov last year.




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  • 485_se_dukhi
    07-18 08:36 PM
    I just came to know about this site on July 11.

    Liked the idea about sending flowers and immediately send one basket of flowers to Mr Emilio for July 12 delivery along with a get well soon card.:) Also send letters to local congressmen etc.

    After this amazingly delightful news yesterday, I gave $200 to IV..and as mentioned earlier have set up a $50/m recurring deposit just now.

    For all those who have still not contributed...

    What in the world are you waiting for??

    Lightening to strike?? Permission from your local anti immigrant bunch??

    Isn't this sufficient to let you know that IV core and other senior members of their team are ABSOLUTELY COMMITTED to our cause??

    Do you want another VB fiasco to happen?? Are you going to wait till our 485's are stuck for 2-3 years and then again come to this forum for answers??

    Please, please go ahead and contribute....



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  • Libra
    09-10 08:38 PM
    this is by kittu1991, dont know how much he contributed.....

    How do I make sure that IV received the contribution I make?

    Here is the google trans num: #705956299363142.




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  • TO BE OR NO TO BE
    10-18 07:16 PM
    ^^^^^^^



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  • qualified_trash
    01-03 04:16 PM
    I think you bring up very valid points. For a lot of ppl who have stayed away from family/extended family for so long, they may not like the constant interference.

    "I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
    yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.

    also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))

    as for what is best, we should all ask our parents and they would say do whats best for your kid because that is what they did. they did their best for us and we should do the best for our kids as they should do their best for theirs........




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  • vjkypally
    07-18 04:44 PM
    Made a one time payment 3 days back of 100$. More to follow.
    Cheers iV



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  • ychousa
    07-19 12:00 PM
    I checked CIS procedure in the following site: http://www.imminfo.com/resources/cissop.html

    According to the procedures, until they enter data into their central sytem, it seems it's pretty tough to say that they intervene somewhere and sort out by PD. Section 6: Workload Distribution might be the key to answer our questions, but the section is missing.

    So they enter the applications in the order they're received, and each application is given an "RD." The "RD" indeed plays a role in the adjudication: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    I wish I got an answer from someone in CIS.




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  • vparam
    07-21 10:46 AM
    Currently it takes about 80-90 days for EAD when the 485 was just trickle, with the june filers it was expected to become more towards 90 days +. based on that with deluge of applications it will take around 6 months for july filers.

    please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.

    So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.



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  • mirage
    08-18 11:11 AM
    This is what we are sending..

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072

    I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.




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  • vxb2004
    08-17 11:03 PM
    Congrats!



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  • nk2006
    10-28 02:39 PM
    Thanks to everyone who have already sent emails to Ombudsman. We need to do more to get positive results, please go to: http://immigrationvoice.org/forum/sh...ad.php?t=22182 and send those 4 letters.

    Others who have not yet acted on this, please go to that thread; download the 4 letters and mail them.

    As many people mentioned here and other web sites, the denials are continuing and we need to act now to stop this before it gets even worse.

    (Please continue future discussion at: http://immigrationvoice.org/forum/sh...ad.php?t=22182)




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  • TexDBoy
    06-10 12:58 PM
    USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
    The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
    Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."

    Tank you so much for the news ....



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  • pappu
    06-10 01:08 PM
    USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
    The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
    Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."

    That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
    We had received good feedback in our meetings with the administration.
    The whole process of making final announcements is just too slow!!

    We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.




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  • snathan
    02-07 10:25 AM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.

    It’s very sad...I believe the problem is your in-laws and their influence on your wife. You have to make your wife understand that. Why don’t you try counseling?

    Make sure you are not getting into any legal issues here as well as in India...It might cost your GC in the worst case. But I am not sure.

    Also record all the conversation with your in-laws and wife when they are black mailing you. Keep all the evidence. It might save you if things go wrong.

    This is what I would do I were in your position.

    1. Try to convince and make her understand.
    2. Try to avoid all her parent's influence on her, if needed I would cut off her from her parents.
    3. Take her for counseling.
    4. Prepare for the worst case and hope for the best case.

    Best of luck



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  • tinamatthew
    07-22 10:48 PM
    ^^^^^




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  • ashutrip
    06-16 11:16 AM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)

    I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
    I hope the dates are current for some 2-3 months.




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  • inspectorfox
    09-14 06:45 AM
    I don't agree with your opinion on blocking anyone from interfiling. You have a choice to file in any EB category. Share the reason why you filed EB3 instead of EB1? Grow some balls you efin crybaby!




    k_usa
    07-14 02:08 PM
    Scheduled 10$. Confirmation # 7YB3F-3S1QX

    Hello everyone,

    I am starting a new campaign for IV's benefit. It is called "Give me a High Five".

    The point of this campaign is to send Not $100, not $50, not even $10.


    ALL you need to do is write out a $5 cheque and send it to IV on the address listed.

    The address to mail the checks to is:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65


    Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.

    We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.

    For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.




    eers
    07-23 05:42 PM
    Until 2003 end most the people have filed 485. It all started when the cases were moved to BEC. Most of the cases were from 2004 and some from 2003/2/1/0.


    Our firm had five 2002/2003 LCs cleared in March , after uscis sent out notice to either convert them to RIR processing or abandon it. I guess there are many old cases to be still applied for 485.



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