Thursday, June 16, 2011

Upset Man Cartoon

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  • eb3_nepa
    07-16 12:47 AM
    Common people just $150 short. Pacific time people. Please help. We need 30 good souls from the West coast :)

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  • nik.patelc
    02-18 06:04 PM
    EB3 to EB2 porting is so huge. I dont think PERM 2005 data really matters. i think a pattern of gradual moving dates ( 1 month or 2 month per bulletin) forward for EB2 India till Spet 2009. Then with OCT, dates will go back to 2002 due to EB3 - EB2 porting.

    Somewhere in another thread i saw that roughly total 60000 EB2 India cases are in pending state by Ron gotcher analysis.

    if hypothetically, After July 2007 fiasco, thousands of EB3 cases prior to 2004 PD date were converted to Eb2, I assume It will take alteast 2 to 3 years to clear all EB2 cases with PD < DEC 2004 even if there is new cases of Eb3 to EB2 porting going forward from today.

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  • Humhongekamyab
    06-11 01:17 PM
    I have a dumb question: when the above post refers to 25,000 EB2 and EB3 applications does it refer to 25,000 primary applicants or total (applicant and dependent) applications. Does anyone know? -- Thanks.

    I think it means total.

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  • Suva
    07-18 02:17 PM
    He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.

    receipt date if your PD is current.


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  • newuser
    09-16 03:29 PM

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  • sunny1000
    01-10 03:28 AM
    Hi everyone,

    Just wanted to let you know that my EB3 I-140 got approved today. I am a July 2007 concurrent filer. This wait has been frustrating and I've had to let many good opportunities pass by. I had, in the last 2 months, opened 2 service requests. I am not sure if they did the jobor may be the time has come when we will see July approvals coming in hordes.
    Good luck to all of you.

    congrats! can you please post which service center approved it? Thanks.


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  • ashutrip
    06-18 12:57 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.
    what is your pd?

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  • chanduv23
    11-24 05:27 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??

    Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21


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  • obviously
    09-15 10:55 PM
    I think the at the heart of this kind of reckless, selfish 'crusade' is a problem with poor upbringing. Some kids are brought up to look at the world through myopic self-interests, and are molly coddled by their parents into believing that their narrow views are indeed honorable and respectable.

    The sad reality is that such 'crusades' do nothing more than unite those against the larger cause of brown/black/non-white immigration and divide those that are already in pain.

    No wonder then that history repeats itself ever so often when those from the 'great Eastern lands' can so easily be ruled by those with shorter histories and accomplishments.

    Take a look at illegal immigrants. They break the law. Yet, they are able to unite so effectively to make themselves heard. For a group that has absolutely no locus standi for legal or political relief, they are amazingly effective in shaping the dialog around their interests.

    As a strategy and communications professional (with a strong background in Harvard Law School mediation/negotiation and US public policy) I can vouch for the effectiveness of a united voice that speaks to larger interests oriented towards US economic gains. These kinds of narrow sub-optimal "causes" only make the USCIS and the larger establishment care less about legal employment based immigration.

    Absent in this dialog from this 'erudite PhD' is analyses of root causes of underlying problems. For one, there is the absolutely crystal clear problem with country based quotas for employment based immigration in a country where the primary act, i.e., employment itself cannot be discriminated based on national origin. And so on and so forth.

    Instead of taking cause with such short sighted and self-centered acts, why not apply your collective 'high skills' towards highlighting the POSITIVE CONTRIBUTIONS of legal immigrants and pushing for a better overall process?

    Instead of collecting money to slit the wrists of those around you, why not join hands and petition the lawmakers for better, more transparent processing estimates?

    Instead of trying to make a futile argument that EB1 > EB2 > EB3, why not attempt to have a real public policy dialog that reframes larger interests?

    Further more, dont forget that when the USCIS needs to respond to such frivolous lawsuits, it costs US taxpayer dollars... which further alienates the USCIS and Citizens from the cause of legal immigration.

    No wonder then we find an increase in backlash against non-white immigrants that seek a higher sense of entitlement... seriously... I can bet just as I did with that SunnySurya joker a while ago, put your EB2 petition up online and let us see if there really is no US Citizen available to do the job.

    What makes it fair for a foreigner like you to come to this country and claim that there there is NO ONE to do the job based on which you seek to immigrate?

    If you are really serious about US national interest and the larger question of fairness, it is only fair that you post the EB2 job and we confirm that there is no US person ready and able to take that job. And dont try those advertising tricks, I will hire a lawyer to smoke out your games.

    BTW, I will be looking out for this lawsuit. I will get the details from you directly without you even knowing about it. Heck, I will even contribute to your "cause" so that you give me the details. Then, I will file a separate petition to have your specific EB case investigated for the merits your lawyer posed. Ready for that game?

    Bottomline, I blame poor parenting for creating such characters in society that cause a drain on the moral fabric of humanity.

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  • indio0617
    03-16 10:13 AM
    Got through this time. Same answer... that they will resolve it soon.


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  • willwin
    07-11 09:06 AM
    dude..dont rain on our parade...everyone knows the harsh realities.. i myself said earlier that only half the battle is won...but the least we deserve is one day of hope.

    Congrats EB2-I !!

    I guess the intention of DOS was to enable Consular posts to approve as many EB2 cases as possible inorder to minimize VISA wastage. And also continue to enable USCIS to pick the low hanging fruits.

    Otherwise, I dont think USCIS has cleared all pending cases with PD earlier than April 2004.

    Yes, EB2 definitely deserves this moment and at the same time EB3 I does not deserve this 'coma' stage in their PD movement.

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  • slammer
    07-11 07:57 AM
    wooohooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooo

    I assume you like the new cutoff-dates ????

    Rita ;)


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  • Mouns
    04-30 02:38 PM
    Can somebody post the link please?
    Need real player

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  • needhelp!
    09-12 11:32 AM
    thanks IV


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  • Libra
    09-10 02:10 PM
    himu73, iqube00, desperatedesi for your contributions and efforts. And thanks Harivinder for your contribution and suggestion, IV is working on those banners.

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  • amsgc
    05-02 09:56 PM
    It was obvious that King was not in favor of the recapture. The idea of someone applying to adjust status only to enjoy the benefits of EAD/AP is impractical and simply rediculous. In order to file I-485 you need an approved or a pending immigrant petition, and if you have either of the two, then you have a legitimate case that deserves to be adjudicated. Aytes should have clarified this.

    Not all congressmen/women are well versed with the details of immigration law, and Mr. King was trying to take advantage of this to influence the outcome of the testimony. He tried again with the new 180 day name check rule, asking Mr. Aytes if the USCIS had ever circumvented security checks to give out green cards. Hopefully, the powers to be will see through these cheap attempts and do the right thing.

    I thought the testimony went well:
    - It was agreed that visa recapture is a good thing because it will move the cut off dates for India/China in EB by several years (someone from the DOS actaully made this remark during the testimony)
    - It was agreed that removal of country cap will help make visa bulletin cut off predictions easier (although the DOS/USCIS may have to make some changes in their process - which was ok)
    The discussion is open for 5 legislative days, if someone choses to comment etc. It will be interesting to see what transpires in the next couple of weeks.
    - Regarding FB, the senator for Illinois did well to dispel the myth that all kinds of people from all over the world are coming to this country in huge numbers. The fact is most of the new immigrants are immediate family members of american citizens.

    what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...

    well damn you king, issue GCs faster then!


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  • cooldude0807
    07-14 02:58 PM
    Contributed $25

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  • pani_6
    08-13 06:35 PM
    New Action Item for EB-3

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  • I_need_GC
    02-19 10:51 AM
    Today I got my first soft LUD on my case. Last week I got a letter from USCIS that they had approved to expedite my case. I would rather have seen the AP but the waiting game continues. :eek:

    Yesterday I went to the Local INS office after making an infopass appointment. Requested the IO to expedite my AP he looked at current processing dates for Nebraska Center Aug 15 I applied on July 20 INS process date on receipt notice August 25. He told me they would start looking at my case soon. I mentioned to him I need it expedited he asked why I showed him a letter from employer that I needed to travel outside us he said its not life death emergency. I insisted that if i didn't go I would get fired lose my job, he wait let me check with manager after 20 minutes he came back and said his manager agrees to process as emergency. He took all my original supporting documents and told me he was going to fax them to Nebraska center and also email to them. I mentioned to him that I have to leave by Feb 11 again he went to his manager and he said thats the best I can do. He took my phone number. I have not heard for INS no LUD on my case yet. If i don't leave by feb 17 kiss my job good bye. Anything else you guys recommend i can do. I also faxed the Nebraska center a request expedite still haven't hear or seen anything. :(

    Your inputs are welcomes.

    10-21 03:08 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.

    I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.

    06-03 12:06 PM
    Canadian_Dream, I think your interpretation is wrong..

    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.


    I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)

    Well this is very confusing.
    What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?


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