Saturday, June 11, 2011

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  • swede
    04-07 09:30 AM
    Wow. That must be a record...:eek: Maybe you should call Guiness World records, and claim the title "slowest Green Card process in history". ;)

    My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o




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  • sunty
    09-13 04:27 PM
    1) Pardon me for being a fence sitter till now.......I did take part in flower campaign etc..but I don't know what happened to me after that...I just stoped caring about this whole GC thing, even though I have filed 485 etc...I know it's gonna take a long long time to get it....but enough of depressing thoughts...nothing can be achieved being depressed...so here I go...

    contributed $100
    Google Order #260356041440563

    planning to attend the rally also..what wil be the verse that will happen..will loose one day salary...I urge all other "will be there in spirit" participants to actually come to DC and make the rally a success.




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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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  • monkeyman
    01-04 12:19 PM
    I filed for my wife's AP on Oct 12th and TSC and received the AP on Nov 1. Applied for UK transit visa on Nov 8 and received that on Nov 14th.



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  • Edison99
    01-10 11:42 AM
    Congrats
    9years & vayumahesh! Enjoy the freedom...................
    Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.




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  • desi3933
    09-11 03:43 PM
    Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?


    I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.

    Next year Jul-Sep 2009, PD should move to mid 2006 again.

    My 2 cents.



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  • bindas74
    10-17 12:57 PM
    Hi,

    I know you said Email is ok. Just trying to confirm.( because it's easy to send )

    Thanks




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  • reddysn
    06-04 02:12 PM
    Veni

    I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
    http://www.aila.org/content/default.aspx?docid=22481


    It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
    Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:



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  • singhsa3
    07-20 01:19 PM
    For my career sake, I hope you are right!
    H1Bs taken care by California and Vermont centers. 485, 131 and 765 are handled by Nebraska and Texas centers.

    Also, Nebraska is big and main center. They know how to handle load.

    Here are the EAD statistics (real numbers):

    Year Total received Approved
    2000 1,451,527 1,325,840
    2001 1,813,479 1,698,448
    2002 1,745,976 1,573,842
    2003 2,156,095 1,977,344
    2004 1,640,703 1,694,623
    2005 1,744,961 1,541,531
    2006 1,462,583 1,188,770

    By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.

    If you already applied for EAD now, then you will for sure have a EAD by December.




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  • Libra
    07-06 10:26 AM
    First of all i want to say is nixstor cool down, you dont have to use bad words to say anything, even though you spell wrong people can read it right.

    The whole name check system itself not working properly, everybody knows it, there are criminals who got clearance and there are innocents stuck for years, so its a chance to make FBI think about their system.


    Shyt! This is what I call shooting in one's own foot. C mon, Fcuk it up so bad that we will dig a big hole that we won't ever come out again. Please read my other post and think for a minute before you do this again and again

    Diptam & Saim,

    Please change these security lapses thing. You might be hurting yourselves in the long run. If You are thinking that this is not a big issue in DOS/USCIS, You are mistaken. This is a hot button issue in both agencies. Focus on quality of life issues and other losses incurred. Do not play with security. Its going to come back and hurt us. Please Go ahead and change these security lapse crap.



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  • villamonte6100
    04-03 08:40 AM
    Well said. I also wonder how that fellow has 4 greens. Funny forum. No fairness.

    Buddyinusa,

    I thought that nobody in this forum thinks properly, but you came to the rescue.

    Thank you.

    It seems that everytime you make a comment/opinion on somebody's comments, somebody will always fire back with a very nasty and inappropriate reply. I don't understand that. I thought IV is an open forum that you can exchange opinions, but it seems that everytime you make your own, people start to gang up on you if your opinion is against theirs, no matter how you phrase it properly.

    They can just reply in an educated way instead of abusing or using nasty and harsh words.

    But you are thinking member.

    Keep it that way.




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  • fairboy
    07-25 01:13 PM
    fairboy and friends,

    Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.

    Thanks for your help.

    Here is a bit of background. BEC's have been using a web site named 'America's Job Bank' (AJB) for posting job listings for cases that have not been converted to RIR. Effective 31st July AJB site is being discontinued and a new site named 'America's Job Exchange' (AJE) will become its successor. BECs have already started using this new site. Here is how to check if your job is posted or not:
    1. Go to http://www.americasjobexchange.com/seeker/jobsearch/keyword
    2. In the keywords field, enter the first few characters of your ETA case number. If your case is in PBEC and has a ETA case number such as P-xxxxx-xxxxx, then you would enter either Pxx* or xxx*. Do not enter any hyphen character and do not forget the '*' character at the end.
    3. Choose 'National' radio button and click 'Search Now' button.
    4. You will find a bunch of listings under the company name 'Team Exceed'. This is probably the company to which BEC cases have been outsourced for adjudication.
    5. Play around with different combinations of letters of your ETA case number. You may also click on 'Team Exceed' link on the results page to see a complete list of jobs posted by BECs.

    Have fun

    fb



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  • EkAurAaya
    04-30 03:15 PM
    Hahaha... Oppenheim just got caught in his words by that guy ... yoooooo!
    Care to elaborate... for the audio/visually deprived :)




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  • indianabacklog
    06-02 10:05 AM
    Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
    Thanks

    No is the simple answer. If the new legislation is enacted his choices are even fewer they will remove the family based category in which you could have applied for him once you get a green card. The future is very bleak for aged out children of EB immigrants. My son is one of these children and we have no answer. Myself and others on this site have asked that IV mention such children in their efforts but to date this has not happened. It is retrogression and labor backlogs which created this so I consider it a fundamental part of the retrogression issue.

    Others reading this who are waiting for their priority date to become current should consider this may be going to happen to them if things are not changed and your family may join the thousands of us already in this situation.

    For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical but it is the only way I can keep him in the United States legally. Although I am beginning to think I should have allowed his visa to lapse then he could have benefitted from the DREAM act.



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  • superdude
    08-02 07:29 PM
    It is better to wait till you get your receipt.
    Hello gurus,

    I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.




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  • xyzgc
    02-14 01:05 PM
    will you guys stop acting like kids?



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  • champak3
    06-16 10:42 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)
    ====================


    First there was celebration by Atlanta center people and BEC people when visa fiasco happened. They rejoiced that since they cannot file I485, others should not be able to do so too as if this is some divine justice. When this was not sick enough, threads started blaming IV not caring for its members. (BTW this thread is started by a member who is anonymous and has been a known heckler and has posted offensive messages about IV in the past). Then there are emails being sent.

    If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.

    If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.

    If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.

    - Pappu

    ====================




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  • gk_2000
    08-23 09:32 PM
    You call the guy with Bsc/bcom and have the 4 programmers reporting to him is the multinational executive. As you might get benefit from it you can call whatever you want.

    You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning

    For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS




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  • mhathi
    07-18 07:45 PM
    the $20/mnth was pulled a while back- hardly anyone was signing up for monthly contributions and everyone went for the lwoest amount. all in all a shameful situation. my humble suggestion- in a lumpsome, donate the amount equivelant to 20/mnth for the next 4 mnths ie $80, then when the EAD comes you can start recurring contributions.

    Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.




    willwin
    09-12 10:49 AM
    Let us continue a debate on
    a) Pros of this idea
    b) Cons of this idea
    c) Alternative we might have.

    Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
    Please limit to those ideas that are executable and within the bounds of law.


    In my opinion, we should do this:

    Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:

    1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.

    2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
    And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
    Ask a question (larger font) on the same page, why keep us on limbo?

    This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.

    If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.

    We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.

    As always, ignore this idea if you guys dont like it.




    gjoe
    03-08 11:47 PM
    I wish my predictions come true. Most of the time it does happen. BTW my PD is may2003 :)



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