Thursday, June 23, 2011

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  • monkeyman
    08-27 01:56 PM
    EB3 / Family based / received at 8:32 AM

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  • bheemi
    04-03 10:44 AM
    Mr Anai.
    I am not asking you my questions..I am just asking IV if it is helping us in this this is imp problem for so many EB applicants....

    It is better for you just not to quote some nonsense here...


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  • chi_shark
    10-03 02:12 PM
    even if IOs dont know and even if they reject it, we can at least enforce it through MTR, courts etc if they ever walk into this grey area and actually decide to deny the case based on non-intent to undertake permanent employment... right?

    this is great...

    so does this Q8 and the response mean that the intent of continuing with full time employment applies at the time of applying for I-140 and not at the time of adjudication?????? if that is the case, it will be GREAT!!!! hip hip hurray.. then i really dont need a green card... in a way at least...

    Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!

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  • grupak
    12-17 03:33 PM
    if this true congratulations are in order!
    it's great...enjoy it! :)

    Just I-140, I think from nashorn's thread. Still its great news :)

    As many have pointed out including I, there is a way to contribute smaller amount to IV if you want to.


    * Login to your paypal account and send your contribution to this email address: donations at immigrationvoice dot org


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  • bestia
    10-25 04:32 PM
    EB3 ROW PD is back to 2002, as mentioned in this thread, however this case (like my own) highlights that you don't have to have PD current at time of GC approval. What makes this extra surprising is that this is a JULY filer (I was June).

    wait, Franklin,

    1. Did you get already your GC approved?

    2. I think you DO need PD to be current for GC approval. In best case scenario, GC could be approved in matter of 10-15 days, so for July filers there were some GC numbers available, and few lucky ones got their approvals. This is how I see it... please correct me if I'm wrong.

    3. It would be interesting if shimul99 would share with us as when exactly his status was adjudicated. I've read somewhere that there are cases, that people got their GCs approved by mistake and lawyers suggested to inform CIS and return the GC. These people were then having their statuses adjudicated when their PDs were becoming current.

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  • she81
    09-27 02:49 PM
    we can also send a band-aid with a message..."Help us fix immigration"

    That's cool; we can stick it on our degree, and I would just tweak it a notch to add "Legal" to the message.


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  • jay75
    05-13 03:21 PM
    As I see, most of you are missing the point. Instead of trying to understand, you showing the maturity of mind. The whole purpose of EB immigration is to meet the Demand(Job opportunities) vs the supply(immediately available candidates).
    When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
    A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).

    Well said !

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  • casinoroyale
    06-20 09:27 AM
    Based on my reading I would like to provide few AP Renewal FACTS for the I-485 pending cases:

    1) You need to submit 2 recent photos.
    2) You do not need to submit $80 FP fee.
    3) As per the text, you do not need to provide the letter justifying your request for AP, but I think it would not harm giving one. The reason does not have to be an emergent situation, it could simply be "Family Visit".

    Please correct (or) add more.

    Editing on 06/25/2008 - Adding additional information (provided by one of the IV-members)

    Templete Cover Letter for AP

    Some more clarifications


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  • uma001
    05-14 09:10 AM
    Lunch is supposed to be taken at cafeteria not at cubicles.It doesnt matter whether it's curry or burger.Both smell bad.

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  • spicy_guy
    04-19 12:29 PM
    change - that is all that is left in my pocket



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  • plassey
    08-25 12:12 PM
    And they say why Albert Pinto "Plassey" is an angry man?

    My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
    Any body in the same boat? What shall I do?

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  • 485Mbe4001
    05-13 02:39 PM
    After you wait for 7-8 years in your category for your visa your thougths will change. I have MS from an american university + work experience. Our lawyer decided to file EB3 in 2001, they convinced the company that EB3 is easier to get approved. i am still waiting for my GC, in the mean time i have gained a lot of experience, i am still an EB3 for USCIS. There are many in a similar position.

    People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).

    Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...

    When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.

    Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
    As per this rule, USCIS is not actually feeding the hungry.
    Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
    If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.


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  • funny
    09-26 03:15 PM

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  • eb2waiter
    05-14 03:05 PM
    you are right. People in such situations are hesitant. But the important thing to know is you have all the rights as would a citizen or PR, to fight illegal actions.


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  • factoryman
    06-18 05:24 PM
    and will revalidate your H1B, assuming the job, company everything is same. That is my best educated guess.
    What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?

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  • Goodintentions
    04-11 07:57 AM
    You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
    You may verify the same with lawyers and gurus.

    Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)

    AC21 and I-140 Revocation : INS Inconsistent on I-485s
    Posted Feb 07, 2003

    The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.

    For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.

    We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.

    The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.

    If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.

    � The Law Office of Sheela Murthy, P.C.


    Best wishes!!!


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  • gangwar
    04-12 12:42 PM
    I sent $100 cheque 3 weeks back, Cheque not encashed as of now.
    Whome should I contact ?

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  • franklin
    09-12 02:42 AM
    How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.

    This is just so unfair.

    i can not put in to words just how anoyed i am right now.

    It really should not have been a surprise to anyone.

    Why not put your money where your mouth is? Come to the rally to help make a big change!

    Donate to the cause!

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  • saimrathi
    08-25 04:49 PM
    I'm in the same boat. PA DoT wants to see visa stamp on the passport.. applied for 1st 3 year extn at VSC on 7/10, will up it to PP this week... anyone in PA got their DL renewed using RN... please specify how and where??

    10-01 07:40 AM

    My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?

    Please help me out if anybody has an idea.


    10-02 05:31 PM
    Did you try the same.

    No. This was the recommended workaround by a parents group that intended to file a PIL at one point. I will be able to try this next year though. I will send out the letter above too.

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