pappu
08-02 10:01 PM
yabadaba , thanks a lot for the op-ed
i sent you a pm with some suggestions if you could add. Thank you also for posting it on the forum. other members can also read it and could make their op-ed different from this. you could edit your op-ed in your posting too if you change anything. Members you can post your op-eds too on the forum. You can PM me your name if you like to reveal, IV ID and email address (needed) and it can be added to your op-eds when it is submitted to media.
thanks again
i sent you a pm with some suggestions if you could add. Thank you also for posting it on the forum. other members can also read it and could make their op-ed different from this. you could edit your op-ed in your posting too if you change anything. Members you can post your op-eds too on the forum. You can PM me your name if you like to reveal, IV ID and email address (needed) and it can be added to your op-eds when it is submitted to media.
thanks again
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Marphad
07-06 03:45 PM
Please...Please....Please don't reply within one hour.
He is already banned :). Your post was good.
He is already banned :). Your post was good.
Struggle
09-12 07:53 PM
I was at SJ rally and it was an awesome feeling to participate and hear all the honks.
Unfortunately cannot make it to the DC rally, but have been spreading the word through emails and diggs.
Milind i have contributed $100 now.
paypal transaction id: 88886835PG920640K
Thanks for your support.
Unfortunately cannot make it to the DC rally, but have been spreading the word through emails and diggs.
Milind i have contributed $100 now.
paypal transaction id: 88886835PG920640K
Thanks for your support.
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villamonte6100
04-02 11:12 AM
I hear you and for most part agree with you that USCIS - However bad they may seem - is still one of the best run government agencies...
No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...
Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...
I reviewed my comment and I haven't wrote anything trashing another country and I didn't say that USCIS is bad. In fact, if you read carefully I am trying to defend USCIS from "Mirage's comments".
I don't know what nationality you are, but, I am an Australian and I don't need to suck up to get my green card. I will get my greencard soon, probably sooner than you.
In fact, there is a special immigration program "only for Australians" that allow me and my dependents to work and live in Australia indefinitely. That was signed in to law by the President last year, if you didn't know about that. I guess you got me wrong. Australia and America have good relationships as you know.
I still would stress to thank America for giving me the opportunity to work and live and experience America.
Please read my comments properly next time and be a little fair on your comments.
No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...
Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...
I reviewed my comment and I haven't wrote anything trashing another country and I didn't say that USCIS is bad. In fact, if you read carefully I am trying to defend USCIS from "Mirage's comments".
I don't know what nationality you are, but, I am an Australian and I don't need to suck up to get my green card. I will get my greencard soon, probably sooner than you.
In fact, there is a special immigration program "only for Australians" that allow me and my dependents to work and live in Australia indefinitely. That was signed in to law by the President last year, if you didn't know about that. I guess you got me wrong. Australia and America have good relationships as you know.
I still would stress to thank America for giving me the opportunity to work and live and experience America.
Please read my comments properly next time and be a little fair on your comments.
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valuablehurdle
06-21 01:16 PM
My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.
Labor filed: April 15th, '07 EB2 'In Process'
Labor filed: April 15th, '07 EB2 'In Process'
gcisadawg
02-08 02:39 AM
If the girl is working and earning money, she has all the rights to spend the way she wants, including giving money to her parents. If she is not working, then help should be based only on humanitarian basis because we never know when one's financial situation changes. I can't understand how any girl can force her husband to spend for her parents and siblings especially when she is not earning.
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Humhongekamyab
06-11 11:45 AM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.
Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.
I am sure something like this can also be done for us who have been waiting for years for our GC's.
I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.
Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.
I am sure something like this can also be done for us who have been waiting for years for our GC's.
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lazycis
11-20 05:59 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
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gctest
09-15 11:30 AM
keep supporting EB3 porting .. you wil then get your GC in 7 years
If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.
I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.
I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.
Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.
Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p
Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:
YOu never know what rules will change in future. :confused:
If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.
I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.
I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.
Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.
Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p
Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:
YOu never know what rules will change in future. :confused:
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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
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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gc2
03-31 06:17 PM
a million things in this world are wrong and occassionally you will be at the receiver's end. Am sure you want things to change, so does every member of this group and many more who arent aware or part of IV yet.
Let us(as members) know what would you like to change in USCIS management. If you feel management should be criticised then lets hear it detailed. Would request to keep a positive outlook and suggest what you would like to see happen. Am sure everyone hear is all ears.
Let us(as members) know what would you like to change in USCIS management. If you feel management should be criticised then lets hear it detailed. Would request to keep a positive outlook and suggest what you would like to see happen. Am sure everyone hear is all ears.
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samrat_bhargava_vihari
04-27 02:52 PM
Hello Onemay,
I live in Minneapolis. I too am on H4.Same thing happened to both my husband and myself here last October.We had moved recently from Indiana and the DMV said they won't issue new licenses for both myself and my husband (it doesn't matter if u r on H1 or H4)until we give the extended I94. We had our Indiana licences also canceled .We didn't know what to do and then we enquired some of our friends and came to know that if we show our original USCIS Receipts for Extension filed they give ur license for 6 months from the USCIS Receipt Date. So we did that and got our extension until April. U have to show the Original Receipt ,No Xerox .And now we got our extension papers and reapplied for a new license and got it. May be u too can enquire about this,because I think all DMVs tend to follow similar rules.
This is true. I went through this process several times in Minneapolis.
I live in Minneapolis. I too am on H4.Same thing happened to both my husband and myself here last October.We had moved recently from Indiana and the DMV said they won't issue new licenses for both myself and my husband (it doesn't matter if u r on H1 or H4)until we give the extended I94. We had our Indiana licences also canceled .We didn't know what to do and then we enquired some of our friends and came to know that if we show our original USCIS Receipts for Extension filed they give ur license for 6 months from the USCIS Receipt Date. So we did that and got our extension until April. U have to show the Original Receipt ,No Xerox .And now we got our extension papers and reapplied for a new license and got it. May be u too can enquire about this,because I think all DMVs tend to follow similar rules.
This is true. I went through this process several times in Minneapolis.
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Not2Happy
11-20 02:56 PM
Jimi,
I applaud your efforts to take the lead for the so cal chapter. I live in the San Fernando Valley in the Los Angeles county. I would be happy to assist you with any drive for our local chapter.
Unfortunately your first step did not muster enough support from our volunteers. I guess we just need another jump start and we will be rolling. Lets give it another shot.
I applaud your efforts to take the lead for the so cal chapter. I live in the San Fernando Valley in the Los Angeles county. I would be happy to assist you with any drive for our local chapter.
Unfortunately your first step did not muster enough support from our volunteers. I guess we just need another jump start and we will be rolling. Lets give it another shot.
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makemygc
07-06 01:58 PM
me too. Personally I think Australia might have better weather but Canada is closer
How about newzealand?
How about newzealand?
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satyasaich
09-29 12:15 PM
You maybe right. Visa numbers are being wasted because of the pressure being put by people wanting their notices. So many people are calling everyday distracting the USCIS employees. Intead of blaming USCIS for it, tracker thread people should also introspect and also be willing to share some of the blame. :D
Resources working on 485, adjustment of status cases are never dragged to answer calls for receipt notices. it's another chain of command, not related to Receipt notices or EADs
Resources working on 485, adjustment of status cases are never dragged to answer calls for receipt notices. it's another chain of command, not related to Receipt notices or EADs
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gcretroiv
02-10 01:24 PM
I second that VIVA , you are 100% correct
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Nibiru
09-02 08:39 AM
Came here in 98. Applied in 2003. Waiting ever since. Had enough of this BS. I was ok until they started screwing around with EAD's and AP's this year. Recently, got a a couple of offers in India ranging from 30 - 45 lac / yr. Thinking of going back. Its not worth waiting in this line anymore.
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rajarao
09-10 07:28 AM
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Great Job TSC/NSC and DOS.
One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Great Job TSC/NSC and DOS.
One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....
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p_kumar
07-20 03:28 PM
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
cnag
10-25 10:27 AM
I have emailed to the Ombudsman
what is the e-mail id for TSC/NSC?
what is the e-mail id for TSC/NSC?
julsun
01-19 01:39 PM
But I don't have 4 weeks. I have to travel on january 29th.
Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.
You can try it at your local USCIS office after taking infopass appointment. But they may ask you to pay money again for the same. Hope this helps.
Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.
You can try it at your local USCIS office after taking infopass appointment. But they may ask you to pay money again for the same. Hope this helps.
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