starone
10-21 11:18 AM
I have sent the email to Cisombudsman and will update the poll also.
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rajuram
06-09 11:16 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
visa recapture - no chance
visa increase - will not happen
still contribute??
pmb76
09-13 04:54 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
2011 You can find Club Penguin#39;s
w3313
03-31 08:20 PM
How insane you are, you are giving the credit of that to USCIS ??? I think you were sleping when people had rallies in CA and IV had 'flowers to USCIS' campaign, how about Zoe Lofergn's threat, I'm sure you don't know any thing. USCIS shares most of the responsibility of you and I being on this forum. USCIS was doing a tardy job and wasting several thousand green card numbers every year that's why DOS had to push them by making the world wide dates current. And 'no' they did not 'realize' any mistake, they did not want to get into legal trouble and get publically exposed(Zoe Lofergn asked for emails and all communication regarding Visa cut off dates). So they took the shortest and safest way to get out
I don't think insane is enough to describe that person Dard-E-Disco thought process, people know very little about the process delay's or troubles caused by the USCIS delay's. Either this personDard-E-Disco is either ignorant or doesn't know what he/she is talking about. I doubt if Dard-E-Disco knows how it would be for some one to wait 7 years for any immigration process and watch USCIS screw-up the FIFO process and how the customer service at USCIS is cannot differentiate between a RD and PD better than that I suggest this person to read the AMBUDeSMEN report if you don't what it is just google for it , after you read the report and recommendations come back and post your wise comments. I urge you to please read the ambudsmen report before making loose comments
I don't think insane is enough to describe that person Dard-E-Disco thought process, people know very little about the process delay's or troubles caused by the USCIS delay's. Either this personDard-E-Disco is either ignorant or doesn't know what he/she is talking about. I doubt if Dard-E-Disco knows how it would be for some one to wait 7 years for any immigration process and watch USCIS screw-up the FIFO process and how the customer service at USCIS is cannot differentiate between a RD and PD better than that I suggest this person to read the AMBUDeSMEN report if you don't what it is just google for it , after you read the report and recommendations come back and post your wise comments. I urge you to please read the ambudsmen report before making loose comments
more...
snathan
05-23 09:15 AM
If you have made a contribution and posted on this thread or on the thread we had before your name should be on the list. We do not have an automatic way of updating this list once someone had made a contribution through paypal at this time. Every night I go through this thread, update numbers and names. I could have made a manual error and missed some names but once people have brought that to my attention I have been double checking and responding back to them. I know I am behind on verifying one or two contributions but I will catch up. I work long hours,take classes and I live 80 miles away from where I work. I wish I had more than 24 hours in my day. If you could help us with maintaining an accurate list that would be awesome.
Hope I answered your query :)
Actually I paid $100 and not $50. It was two $50 on the same day.
Hope I answered your query :)
Actually I paid $100 and not $50. It was two $50 on the same day.
gsc999
07-19 06:30 AM
A small contribution for the future goals....$500 today and more to come....
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
more...
yoda
09-13 08:30 AM
Sent emails to the largest newspapers in NH:
Union Leader
Nashua Telegraph
Radio Station:
NHPR (NH Public Radio)
Union Leader
Nashua Telegraph
Radio Station:
NHPR (NH Public Radio)
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tikka
07-18 04:28 PM
Just made my first $100 contribution! Thanks so much for the effort in the last two weeks! IV rocks!
we need more members like you to come forward and contribute..
we need more members like you to come forward and contribute..
more...
CADude
07-05 01:05 PM
Thank you
Email and Web Forms of all US SEnators
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Take some time to send the message on Page 1 of this thread.
Email and Web Forms of all US SEnators
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Take some time to send the message on Page 1 of this thread.
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khukubindu
01-03 11:42 AM
Hello,
We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.
I need to travel in January. Does anyone has the same situation ? Please reply
We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.
I need to travel in January. Does anyone has the same situation ? Please reply
more...
Winner
07-06 03:42 PM
what is this suppose to mean, should I be scared
Please...Please....Please don't reply within one hour.
Please...Please....Please don't reply within one hour.
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9years
12-03 08:03 AM
Congrats 9Years. What a big relief ...... Right !!! Finally DONE. I am waiting for the same moment .....
Hi Vayumahesh,
Thank you and you will get it soon. Best of luck.
Hi Vayumahesh,
Thank you and you will get it soon. Best of luck.
more...
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LuckyPaji
07-24 05:42 AM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
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qplearn
12-18 05:41 PM
Apparently, we were pretty pretty close to getting retrogression eradicated in the lame duck session, according to an IV core member.
Of course, we all know that Cornyn came very close to getting his bill attached to one of the passable bills; it was only one senator who spoiled our party ... we all know who ...
Point is will we come that close again? As you know unlike the LD, the bill needs to pass the house and senate again ....
Of course, we all know that Cornyn came very close to getting his bill attached to one of the passable bills; it was only one senator who spoiled our party ... we all know who ...
Point is will we come that close again? As you know unlike the LD, the bill needs to pass the house and senate again ....
more...
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saimrathi
06-08 04:05 PM
If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.
Thanks for the insight. Will opt for PP.
Thanks for the insight. Will opt for PP.
dresses Club Penguin - Card Jitsu
lazycis
11-20 10:26 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
more...
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andy garcia
10-01 05:08 PM
Let us wait for the statement from USCIS
It is a long wait.
First the DOS publishes a preliminary report on March/April
then the final report from CIS is not published until July/August of the following year.
It is a long wait.
First the DOS publishes a preliminary report on March/April
then the final report from CIS is not published until July/August of the following year.
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addsf345
11-19 01:26 PM
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
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485Mbe4001
08-13 05:14 PM
Thank you. you are one of the very few, i commend you on your post and support.
The last couple of VBs have brought out the worst amongst us, so much for together we stand, after reading the posts, it was more like 'you stand while i climb over you' :)
I started a thread couple of weeks back. It met an untimely death because of lack of participation from people. Just to revive your memory :
http://immigrationvoice.org/forum/showthread.php?t=20406
Today we are here almost on the verge of disintegration as an organization. And this is because we always believed in our minds that we are nothing but a bunch of opportunists coming together for our individual cause of getting a GC. What we see today is an outcome of what we always believed. Soon EB2 will disappear, and EB3 will be left alone fighting for their GC's. And at some point of time they will also go away, all that's left will be "guests" using IV as a discussion forum. May be what I suggested can be termed as "Quixotic" but unless we aim high, we will never reach high.
Guys, I am an EB2 with PD in 2004, but I will always stand together with you, no matter what. A GC for myself alone will never satisfy me, because number of my friends, my family members are in EB3, and I am not mean enough to celebrate for myself when majority of my friends and family members are sad.
The last couple of VBs have brought out the worst amongst us, so much for together we stand, after reading the posts, it was more like 'you stand while i climb over you' :)
I started a thread couple of weeks back. It met an untimely death because of lack of participation from people. Just to revive your memory :
http://immigrationvoice.org/forum/showthread.php?t=20406
Today we are here almost on the verge of disintegration as an organization. And this is because we always believed in our minds that we are nothing but a bunch of opportunists coming together for our individual cause of getting a GC. What we see today is an outcome of what we always believed. Soon EB2 will disappear, and EB3 will be left alone fighting for their GC's. And at some point of time they will also go away, all that's left will be "guests" using IV as a discussion forum. May be what I suggested can be termed as "Quixotic" but unless we aim high, we will never reach high.
Guys, I am an EB2 with PD in 2004, but I will always stand together with you, no matter what. A GC for myself alone will never satisfy me, because number of my friends, my family members are in EB3, and I am not mean enough to celebrate for myself when majority of my friends and family members are sad.
GCwaitforever
05-15 03:55 PM
There seems to be no trend. Mine is non-RIR from 2001 November, transferred from Federal. I have not heard anything after receving 45-day letter in May 2005. Recent case status from BEC says my application is awaiting further review by a BEC analyst. One day, it might be approved. Incidentally DOL web site says still 17 months remaining for backlog removal.:D We should see light at the end of tunnel after another 1 1/2 years.
satish_hello
10-16 02:20 PM
Hi all,
I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.
Can we send 7001 form without employer signature.
Thanks
I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.
Can we send 7001 form without employer signature.
Thanks
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