bhavinkanani
08-02 04:06 PM
I just spoke to a lady at USCIS and she told me they just started working on case receipts for July 2nd and onwards so in next couple of weeks most of you who filed in first week of july should see their receipts..this is what she told me and she sounded very authentic..
wallpaper Tokyo`s Skyline at night
nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
raysaikat
01-06 09:23 PM
Univs take business decisions. Enrollment generates revenue through tuition. Some states also pay State Schools for each registered credit.
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
I couldn't agree more!
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
I couldn't agree more!
2011 Cleveland#39;s nascent
svr_76
09-14 06:20 PM
GCTest..you are right. I am with you.
Rather I would like to add more items to what u have listed-
1. Its wrong for EB2 filers to find/marry a us citizen. That will be unethical of them to do as they will be jumping lines. Because u would be unable to do if u would have married non-citizen..so based on GCTest's logic please dont marry us citizen or if u have marriued continue to only use you EB2 application for processing :-)
2. Also people who are now planning of using EB5 (assuming u have now saved/gather enough money). So EB2, EB3 or other people u have been saving money and are now thinking of risking ur money/career/life on EB5 filing..please dont do that...because that will be unethical.....u r doing it bcos u now have money. Per GCTest's logic u did not having money u filed ur EB2 or EB3 application so if u have money now...dont try to use it.
GCTest...can u think of other conditions ...do post them.
Oh yes corollary to #1. Also bachelors in EB2/EB3 category make sure u dont fall inlove and plan to marry any girl/boy from the countries which are current. Help GCTest's cause.
:-)
Rather I would like to add more items to what u have listed-
1. Its wrong for EB2 filers to find/marry a us citizen. That will be unethical of them to do as they will be jumping lines. Because u would be unable to do if u would have married non-citizen..so based on GCTest's logic please dont marry us citizen or if u have marriued continue to only use you EB2 application for processing :-)
2. Also people who are now planning of using EB5 (assuming u have now saved/gather enough money). So EB2, EB3 or other people u have been saving money and are now thinking of risking ur money/career/life on EB5 filing..please dont do that...because that will be unethical.....u r doing it bcos u now have money. Per GCTest's logic u did not having money u filed ur EB2 or EB3 application so if u have money now...dont try to use it.
GCTest...can u think of other conditions ...do post them.
Oh yes corollary to #1. Also bachelors in EB2/EB3 category make sure u dont fall inlove and plan to marry any girl/boy from the countries which are current. Help GCTest's cause.
:-)
more...
perm
07-20 04:07 PM
She recently announced in her campaign that she will increase the H1B visas
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
[/B]
Thats after she wins the election..!!!
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
[/B]
Thats after she wins the election..!!!
yoda
09-13 12:54 PM
State coordinators and the team from states with a large immigrant population like the IL, MI, FL, GA, AZ.. Where art thou?
Please remove some time to send the rally information to the important radio stations (Public Radio) and your state's/town's largest newspapers..
We are on the final leg of our run folks, lets give it the final push!
Please remove some time to send the rally information to the important radio stations (Public Radio) and your state's/town's largest newspapers..
We are on the final leg of our run folks, lets give it the final push!
more...
camarasa
07-17 11:39 PM
Only on PD when the date is current
Not just priority date, but also receipt date.
My priority date has been current for a year now, but are they processing it? No, because my receipt date is 08/28/2006 and they are only doing 08/07/2006 now (after going back one month in Texas).
Not just priority date, but also receipt date.
My priority date has been current for a year now, but are they processing it? No, because my receipt date is 08/28/2006 and they are only doing 08/07/2006 now (after going back one month in Texas).
2010 Cleveland Skyline: At Night
icedgin
07-27 09:38 AM
Hi Angel,
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
more...
jonty_11
07-05 12:58 PM
I used AILA site to send the mail. May be some one else provide the email info. Thanks
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.
hair Cleveland Skyline Night 01
satishku_2000
07-05 04:04 PM
I just finished my call with Julia Preston of Nytimes ..I am so happy and did my part :)
more...
NKR
06-25 03:38 PM
This is thread for What America is loosing...
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
hot Cleveland Skyline
arnab221
06-21 01:35 PM
http://www.youtube.com/watch?v=TCbFEgFajGU
This has been there since a long time . Every new process has its backes and the resisters . The president of the US resisted the telephone also when Edison invented it . Relax don't lose your sleep about it . Atlanta is backlogged due to the incompetence and heavy workload of workers there . nothing more , nothing less .
This has been there since a long time . Every new process has its backes and the resisters . The president of the US resisted the telephone also when Edison invented it . Relax don't lose your sleep about it . Atlanta is backlogged due to the incompetence and heavy workload of workers there . nothing more , nothing less .
more...
house Cincinnati skyline at night,
Milind123
09-15 02:50 PM
Bump
tattoo Erie in downtown Cleveland
JunRN
09-28 01:37 PM
It is not even considered yet and I don't think it will ever be considered. That amendment includes not only schedule A but also others and with proposal to increase the number as well.
How could it pass if it's carrying heavy-baggage, it won't move!!!
How could it pass if it's carrying heavy-baggage, it won't move!!!
more...
pictures Cleveland, Ohio, at dusk,
smmakani
04-14 02:39 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I never heard this before. I got the 3 year extension after 6 years but I never submitted copy of Driving License. I don't think the extension has anything to do with Driving license expiry date. The extension effective date starts from your previous H1B expiry date.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I never heard this before. I got the 3 year extension after 6 years but I never submitted copy of Driving License. I don't think the extension has anything to do with Driving license expiry date. The extension effective date starts from your previous H1B expiry date.
dresses Believe in Cleveland.
I_need_GC
03-13 02:32 PM
Something just popped up from my family.
I filed concurrent 140-485-765-131 in Nebraska.
DHL delivered the package on 1st of february.
My checks were not yet cashed and I did not get any reply from USCIS (and neither did my lawyer).
My lawyer said it is impossible and I am better off refiling but this implies redoing a lot of things that cost money and time.
How can I try to expedite without a receipt number?
Well what you should have done was filed it with the local USCIS office with a letter proving the emergency at this stage all u can do is wait for the receipt notice once you receive that make an infopass appointment and explain your emergency with proof they will expedite.
I filed concurrent 140-485-765-131 in Nebraska.
DHL delivered the package on 1st of february.
My checks were not yet cashed and I did not get any reply from USCIS (and neither did my lawyer).
My lawyer said it is impossible and I am better off refiling but this implies redoing a lot of things that cost money and time.
How can I try to expedite without a receipt number?
Well what you should have done was filed it with the local USCIS office with a letter proving the emergency at this stage all u can do is wait for the receipt notice once you receive that make an infopass appointment and explain your emergency with proof they will expedite.
more...
makeup ClevelandSkyline.jpg
ramus
07-06 01:01 PM
I think it is made up statement from your lawyer.. Can you ask him about lnew ink on AILA..
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
girlfriend Hall and Cleveland Skyline
chisinau
07-22 09:21 AM
Hi Scedule A!
I am RN from Moldova, waiting for DS230 approval since October 2006.
Are there anyone in the same situation?
It seems to me that no one care about nurses on this forum. So I decided to highlight the problem briefly.
Why should nurses have their personal immigration schedule and different faster line?
1 - The shortage of nurses is more severe then ever in the US history. The fact is confirmed by DOS, The American Hospital Asociation, and the Coalition to Improve Healthcare Staffing.
2 - Existing mechanisms are not able to improve the situation, Vice versa, the situation is going to be vorce in the near future.
3 - Healthcare is one of the most relevant aspects of national economy, because it affects all other spheres of the economy.
4 - The preimmigration qualifining process for nurses is long, expensive, and complicated. Aproximately 2 - 3 years (CP or CES, NCLEX-RN, IELTS, or TOEFL+TSE) long, and $5000 - $7000 cost. If we add these 2-3 years to the period of immigration we will have outstanding 5 - 9 years of waiting! And we should bare in mind that this is the only way for nurses.
5 - From the last 50000 visas for Schedule A only 17000 were used by nurses and PT, other were used by their spouses and children. So the actual number of nurses intered the US is realy small.
The situation is critical!
As far as I see the problem, the only choice for us is allocation of visa numbers(recaptured or new) directly for schedule A. All other options are not good enought either for nurses or for the US Healthcare, because now we are in EB3 and have to compete with other professionals in the respective category. So we have to wait for 4 -5 years to get our CG. And practicaly, as I mentioned above, the GC is the only option for nurses, because emploiers do not want to sponsor us for a non immigrant visas.
Cornin recent ammendment was too good to became true! It was awful to read that it was defeated...
Nurses, where are you?!
Please, reply and share your opinions.
I am RN from Moldova, waiting for DS230 approval since October 2006.
Are there anyone in the same situation?
It seems to me that no one care about nurses on this forum. So I decided to highlight the problem briefly.
Why should nurses have their personal immigration schedule and different faster line?
1 - The shortage of nurses is more severe then ever in the US history. The fact is confirmed by DOS, The American Hospital Asociation, and the Coalition to Improve Healthcare Staffing.
2 - Existing mechanisms are not able to improve the situation, Vice versa, the situation is going to be vorce in the near future.
3 - Healthcare is one of the most relevant aspects of national economy, because it affects all other spheres of the economy.
4 - The preimmigration qualifining process for nurses is long, expensive, and complicated. Aproximately 2 - 3 years (CP or CES, NCLEX-RN, IELTS, or TOEFL+TSE) long, and $5000 - $7000 cost. If we add these 2-3 years to the period of immigration we will have outstanding 5 - 9 years of waiting! And we should bare in mind that this is the only way for nurses.
5 - From the last 50000 visas for Schedule A only 17000 were used by nurses and PT, other were used by their spouses and children. So the actual number of nurses intered the US is realy small.
The situation is critical!
As far as I see the problem, the only choice for us is allocation of visa numbers(recaptured or new) directly for schedule A. All other options are not good enought either for nurses or for the US Healthcare, because now we are in EB3 and have to compete with other professionals in the respective category. So we have to wait for 4 -5 years to get our CG. And practicaly, as I mentioned above, the GC is the only option for nurses, because emploiers do not want to sponsor us for a non immigrant visas.
Cornin recent ammendment was too good to became true! It was awful to read that it was defeated...
Nurses, where are you?!
Please, reply and share your opinions.
hairstyles More Cleveland Skyline from
ars01
03-12 04:45 PM
Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?
Bpositive
06-24 11:10 AM
Constraints to doing work to your fullest potential, negatively impacts the individual and the society which he/she is part of...so personal loss is loss for the society...
And of course, the longer term impact is that the US won't attract the best talent...
And of course, the longer term impact is that the US won't attract the best talent...
kaisersose
07-11 11:44 AM
In my opinion, the most likely reason why EB2 India dates have been advanced to June 2006 is to help consular posts. CP filers can get their interviews now.