nixstor
07-06 10:46 AM
looks like there main purpose was to deny us filing 485 application....i cannot believe they could go to such lengths to prevent high loads of work which they feared.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
I have reiterated this again and again. There is no way USCIS was going to accommodate all of us as per the original VB. We will form the biggest hump on the back of USCIS and it will probably 20 yrs for every one to come out of the system. Remember, how much math we did on how many years EB2 India /Eb3 india/china will take? Thats what they see as well. Why would they want so many applications backlogged. The only way they can disallow filings is by saying that there are no visa numbers available on day one. You have to have a visa number available at the time of 485 filing. They cleared out all the old PD's. Believe me, If the original bulletin was not current, they would have done the same in 90 days with some numbers gone waste. It was a bad situation for both agencies. I am not saying that they have not goofed up. they goofed up big time and I can clearly see the lack of communication on issue like this which effects so many people. We can use this as an opportunity to show case our root cause or we can use this in a detrimental way that will screw our nuts and bolts for 10 more years.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
I have reiterated this again and again. There is no way USCIS was going to accommodate all of us as per the original VB. We will form the biggest hump on the back of USCIS and it will probably 20 yrs for every one to come out of the system. Remember, how much math we did on how many years EB2 India /Eb3 india/china will take? Thats what they see as well. Why would they want so many applications backlogged. The only way they can disallow filings is by saying that there are no visa numbers available on day one. You have to have a visa number available at the time of 485 filing. They cleared out all the old PD's. Believe me, If the original bulletin was not current, they would have done the same in 90 days with some numbers gone waste. It was a bad situation for both agencies. I am not saying that they have not goofed up. they goofed up big time and I can clearly see the lack of communication on issue like this which effects so many people. We can use this as an opportunity to show case our root cause or we can use this in a detrimental way that will screw our nuts and bolts for 10 more years.
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ak_2006
05-22 12:01 PM
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willwin
06-11 11:49 AM
anyone wants to guess as to when EB3(I) will reach 2003 Dec. I know it is long long time away but it has to reach that date some time in the future.
Going by what has happened this year, assuming no legislation relief in the near future, dates are NOT going to move forward for EB3 for a very long time. The movement would be slow for EB2 I as well.
Reason, USCIS would have more resources (available) starting next FY and also if they were able to use up all VISA numbers in a FY when they had to handle several hundred thousands of EAD/AP besides naturalization cases, starting next year it is going to be an easy bet for them. So, the dates would move forward very slowly (with all the new I140 approvals coming in).
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
Going by what has happened this year, assuming no legislation relief in the near future, dates are NOT going to move forward for EB3 for a very long time. The movement would be slow for EB2 I as well.
Reason, USCIS would have more resources (available) starting next FY and also if they were able to use up all VISA numbers in a FY when they had to handle several hundred thousands of EAD/AP besides naturalization cases, starting next year it is going to be an easy bet for them. So, the dates would move forward very slowly (with all the new I140 approvals coming in).
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
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yoda
09-13 04:24 PM
Sent to Mass High Tech and Fareed Zakaria @ Newsweek.
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desi485
11-18 03:50 PM
We must also step forward and work towards resolving other things
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
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.
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
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.
sukhwinderd
09-02 01:00 PM
thats when i came here. filed first one in 2001. layoff.
second one in 2005 (eb3) still waiting. there are about 40k
people ahead of me. so about 14 years of wait assuming
3k EB3 GCs for india per year.
by that my daughter will be old enough to file my family based GC
and i might get that sooner than my EB3 GC ;-)
second one in 2005 (eb3) still waiting. there are about 40k
people ahead of me. so about 14 years of wait assuming
3k EB3 GCs for india per year.
by that my daughter will be old enough to file my family based GC
and i might get that sooner than my EB3 GC ;-)
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villamonte6100
04-02 01:15 PM
respecting policies and law is one thing.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
You are entitlted to your opinion and you are free to do and think what you want.. Remember, we are in America.
I can understard D-E-D's frustration.
I don't think there's much to say. That's what we say in Australia when things just keep on going around and around and around.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
You are entitlted to your opinion and you are free to do and think what you want.. Remember, we are in America.
I can understard D-E-D's frustration.
I don't think there's much to say. That's what we say in Australia when things just keep on going around and around and around.
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immuser
09-10 04:44 PM
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485Mbe4001
03-06 10:07 PM
Hi,
i had sent you a PM last week, did you get it?
thx
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
i had sent you a PM last week, did you get it?
thx
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
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abhijitrajan
06-22 12:07 PM
Do you know if you got an audit? Any idea about how they decide to do audits?
I don't think my case has been picked up for audit, at least not so far. I don't know the criteria for audit. Just hoping the next application they pull from the pile is mine.
I don't think my case has been picked up for audit, at least not so far. I don't know the criteria for audit. Just hoping the next application they pull from the pile is mine.
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sameet
02-18 05:36 PM
I am seeing a lot of folks predicting the EB2 dates. And I believe they are right in doing so since that is their filign category. What I am asking is if there are any prediction regarding EB3-I. The dates are not moving at all which is absolutely frustating.
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gcisadawg
02-10 08:30 PM
I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
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bpatel23
06-02 09:19 PM
Thanks everybody for your responses!!!!
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ganesh babu
02-15 11:55 PM
hi i have come to the u.s. on a f2 visa and currently my spouse is doing her OPT.i applied for a driving licence in georgia and i was issued a learners permit based on my I94,visa and letter from social security office denying me a ssn.
i went to the same centre(decatur) for a road test and now they say that we cannot give you a licence because your visa says dependent for a student of wisconsin university,so you should go to wisconsin and get your licence.i went to another dmv centre and after verifying my docs. they let me take the road test and i cleared the test and they asked me to go to the counter to pay money , at that time the person in the counter again asked me for passpoert and i94 and he saw that university of wisconsin stuff on my visa and he said he will not issue a licence and i spoke to the supervisor and he says get a letter from INS ,i showed him my spouse opt card and showed him the words in the card which reads"eligible to work in u.s. upto ----").now he says that is your spouse opt card ,what autorisation do you have to stay in GA ?
has any one come across such a problem?is so kindly advice
i went to the same centre(decatur) for a road test and now they say that we cannot give you a licence because your visa says dependent for a student of wisconsin university,so you should go to wisconsin and get your licence.i went to another dmv centre and after verifying my docs. they let me take the road test and i cleared the test and they asked me to go to the counter to pay money , at that time the person in the counter again asked me for passpoert and i94 and he saw that university of wisconsin stuff on my visa and he said he will not issue a licence and i spoke to the supervisor and he says get a letter from INS ,i showed him my spouse opt card and showed him the words in the card which reads"eligible to work in u.s. upto ----").now he says that is your spouse opt card ,what autorisation do you have to stay in GA ?
has any one come across such a problem?is so kindly advice
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desidude
07-15 10:56 AM
Sent $10....
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mirage
01-03 02:56 PM
I think it is the perspective that has changed. Until 2 years back we were ready to die to live in this country, we thought our country was crowded, polluted etc. etc. Things haven't changed much there. It's still same, criminals are still the most powerful, power, food & Shelter is still scarce, poor count hasn't decreased. It's just we are not seeing now 'the dark side of the moon'. There's no doubt our American dream is screwed up big time. We have ruined the best times in our lives. Out of these 1 million Visa holders, 1000's would have been entrepreneurs, artists, etc. etc. but this green card chase has beaten us down to H1B Visa holder forever.
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lonedesi
08-11 08:33 AM
Members who mailed the letters & form please post here and let us know so that we get an idea how many people actually took part in this campaign so far.
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swissgear
08-23 08:47 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
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gcny2006
07-20 12:52 PM
ok. How did we miss this? Did we miss a chance to call up the concerned senators?
i was thinking the same thing did we take our eyes off the ball. Seems like people towed the part line during the vote but it still seems like a miss
i was thinking the same thing did we take our eyes off the ball. Seems like people towed the part line during the vote but it still seems like a miss
eb3_nepa
07-14 03:14 PM
Just dropped a check for $5. I hope all of the remaining members do the same.
Mailing a check is just as good as a bill pay.
For those who are unaware as to what the "Bill Pay" option is, basically the Bill pay option is a great way to take advantage of your bank cutting a cheque as opposed to you cutting a cheque. That way you can write cheques without having to:
1) Actually write out a cheque
2) Spend money to post it (and take the extra effort to mail the cheque out).
Keep the contributions flowing.
Mailing a check is just as good as a bill pay.
For those who are unaware as to what the "Bill Pay" option is, basically the Bill pay option is a great way to take advantage of your bank cutting a cheque as opposed to you cutting a cheque. That way you can write cheques without having to:
1) Actually write out a cheque
2) Spend money to post it (and take the extra effort to mail the cheque out).
Keep the contributions flowing.
ItIsNotFunny
03-12 03:44 PM
So now I am a traitor and a secret agent and a US citizen, just bcos I dont concur with the DONOR based thread idea?
All, lets not waste energy in negative direction. Not going to help us anyways. Reddog, why don't you contribute for obvious cause of FOIA?
All, lets not waste energy in negative direction. Not going to help us anyways. Reddog, why don't you contribute for obvious cause of FOIA?
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