gc_perm2k6
03-05 05:26 PM
My 485 had soft LUD on 2/27/09. Although, my husband's dependent application dint have one.
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jay1ram2
08-23 07:12 PM
If implemented, would this cause audits/additional reviews of already approved I-140s? My 140 was approved in January 2007 in EB2 - Exceptional Ability/Advanced Degree. Hope this does not cause any issues for people like me....
I am on the same boat, can anyone please clarify?
I am on the same boat, can anyone please clarify?
hebron
10-22 10:00 AM
Hi 9Years and VayuMahesh,
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
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akhilmahajan
10-24 05:32 PM
Same with me, have been getting red dots. But red dots should not deter us.
People giving us Red Dots for our efforts means we are doing a good job in our efforts.
People who are lazy or just don't understand the magnitude of the problem, will do nothing except giving red dots.
So, lets keep on going with this campaign full steam.
GO I/WE GO.
People giving us Red Dots for our efforts means we are doing a good job in our efforts.
People who are lazy or just don't understand the magnitude of the problem, will do nothing except giving red dots.
So, lets keep on going with this campaign full steam.
GO I/WE GO.
more...
swo
07-20 06:47 PM
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
vin13
03-04 04:45 PM
Both my wife and I got RFEs in October for medical test and now the status shows "Case Resumed".
How do you find out if your case is Pre-Adjudicated?
How do you find out if your case is Pre-Adjudicated?
more...
asdqwe2k
01-10 01:56 PM
May be yes....applying greencard is required to extend the H1...having said that one has to spend huge money in applying for GC...at the same time one can also stay out of US for an year and come back if required...
well the reasons are many...and all seems to be valid...
I agree having 1 crore is sort of middle class..especially with the real estate boom in Hyderabad..you won't get a two bedroom flat in a decent area unless you pay around 20 lakhs...
on a lighter note...1 crore is just simple....for the people over there...for example my father retired in early 2004 and spent his retirement money to buy a two bedroom apartment and a small piece of land (about 10 lakhs in total)...now the apartment itself costs about 11 lakhs and land costs about another 14 lakhs.........earning/saving of about 15 lakhs in 3 years....how many of us could do that ;)
when i came to US at first i thought i would go back to india if i have 1 crore, but when time goes by, i came to know that now a days in india people who have 1 Crore are considered as Middle Class,
Who said that 1 crore is middle class in India ???
That would mean 1 billion poor people in india according to this article, and that will include you...
http://www.rediff.com/money/2004/jul/14rich.htm
http://www.realestatetimes.in/index.php?title=india_developing_more_upmarket_apa rtment&more=1&c=1&tb=1&pb=1
http://www.sunmediaonline.com/indiachroniclejuly06/newsmakers.html
India�s millionaires on the rise
India�s millionaire population in 2005 shot up by 19.3 per cent over the past year, second only to South Korea�s 21.3 per cent on world charts. The World Wealth Report, released by Merrill Lynch and Capgemini, says India had 83,000 millionaires (people with more than $1 million or Rs 4.5 crore in net financial assets, excluding their residence and consumables).
The rate at which India is producing rich people is hardly surprising, says the report. It goes on: "Also according to the most recent Goldman Sachs projections, India has the potential to become the fourth largest economy by 2025 and the third largest by 2050, behind only the United States and China."
Worldwide, the number of millionaires swelled by half a million in 2005 and there were 8.7 million of them, more than New York's population.
On the top of the charts is the US with a millionaire population of 2.67 million, nearly a third of the global millionaire population. Germany, the UK, China, Canada, Australia, Brazil, and Russia, among others, each have more than 100,000 millionaires
well the reasons are many...and all seems to be valid...
I agree having 1 crore is sort of middle class..especially with the real estate boom in Hyderabad..you won't get a two bedroom flat in a decent area unless you pay around 20 lakhs...
on a lighter note...1 crore is just simple....for the people over there...for example my father retired in early 2004 and spent his retirement money to buy a two bedroom apartment and a small piece of land (about 10 lakhs in total)...now the apartment itself costs about 11 lakhs and land costs about another 14 lakhs.........earning/saving of about 15 lakhs in 3 years....how many of us could do that ;)
when i came to US at first i thought i would go back to india if i have 1 crore, but when time goes by, i came to know that now a days in india people who have 1 Crore are considered as Middle Class,
Who said that 1 crore is middle class in India ???
That would mean 1 billion poor people in india according to this article, and that will include you...
http://www.rediff.com/money/2004/jul/14rich.htm
http://www.realestatetimes.in/index.php?title=india_developing_more_upmarket_apa rtment&more=1&c=1&tb=1&pb=1
http://www.sunmediaonline.com/indiachroniclejuly06/newsmakers.html
India�s millionaires on the rise
India�s millionaire population in 2005 shot up by 19.3 per cent over the past year, second only to South Korea�s 21.3 per cent on world charts. The World Wealth Report, released by Merrill Lynch and Capgemini, says India had 83,000 millionaires (people with more than $1 million or Rs 4.5 crore in net financial assets, excluding their residence and consumables).
The rate at which India is producing rich people is hardly surprising, says the report. It goes on: "Also according to the most recent Goldman Sachs projections, India has the potential to become the fourth largest economy by 2025 and the third largest by 2050, behind only the United States and China."
Worldwide, the number of millionaires swelled by half a million in 2005 and there were 8.7 million of them, more than New York's population.
On the top of the charts is the US with a millionaire population of 2.67 million, nearly a third of the global millionaire population. Germany, the UK, China, Canada, Australia, Brazil, and Russia, among others, each have more than 100,000 millionaires
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onemaveric
07-20 09:11 AM
Its a surprise that they have voted against legal immigrants with exceptional ability or advanced degree.
more...
GCKaMaara
10-27 07:43 AM
Good job GCWonder & cnachu2.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ItIsNotFunny, thanks for reminder.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ItIsNotFunny, thanks for reminder.
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mpadapa
09-10 09:21 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
more...
gcjones
07-16 11:06 AM
$10
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wanna_immigrate
05-06 10:17 AM
I am in a similar boat I got by second 140(EB2) approved this week. How do I know if my date is ported? Acutually I dont care about porting date I just want to find out if my new approved 140 is now referrencing my 485(filed under EB3) filed in July 2007.
Thanks in advance for help.
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
Thanks in advance for help.
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
more...
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chanduv23
11-20 04:57 PM
If you really think then there is a 'conflict of interest' between an applicant and an attorney. If you looks at this way, attorneys do get paid for filling of H1B extensions. isn't it? I do not say that attorneys are bad and do this on purpose, but think about all possibilities. It really depends on individual. Thoughts? :(
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
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Jaime
09-12 04:45 PM
Will do more tonight
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john2255
07-21 08:02 AM
How many of you called senators office.
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Sachin_Stock
08-23 10:24 AM
My friend EB2 is all ONE category. Please see the OR in that sentence.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.
more...
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desi3933
08-04 12:49 PM
Desi3933
I don't understand why you are picking up on facts and faults on other post.What mirage is saying is true.I know 3 families stuck up in this GC process...all true cases.
There are some lucky people who have bought old labor substitution ;)who came to US in 2004 and got their GC's cleared and are very :D.
Some really who have come here to study...living in US for past 10 years genuine appliers are really stuck in this.They have all applied their labor and got them cleared only dec 2006.
people who are interested can send those letters if not ignore the thread.
If you are EB2 good for you...Its not that easy to change jobs having families..and when you are satisfied with the employer ,why would they change.
Everyone here want GC to stay in this country.And we all are here to find solutions thru IV - active participation is better.
Pani's letter is not that bad...if you dont like alter what you want to express and send it.People can write what they are facing only.
this is not an argument...just felt bad when you were point blankly picking on them.
I dont undestand :confused:
But one thing I understand there are many , in general like to irritate and hurt other's sentiments and thoughts and pinpoint only faults.
Becoz of this lack of unity only ,most of us face problems.
First of all, I do support issues faced by EB-3 India applicants. However, a letter with many factual errors and words like bonded is not going to help. I am just trying to present my views.
If I were OP, I will at least show my letter for some kind of legal review before sending. After all who would like to make condition bad to worse?
Please refer to post by internet couple of posts back. He has raised many good points.
Good Luck to everyone!
I don't understand why you are picking up on facts and faults on other post.What mirage is saying is true.I know 3 families stuck up in this GC process...all true cases.
There are some lucky people who have bought old labor substitution ;)who came to US in 2004 and got their GC's cleared and are very :D.
Some really who have come here to study...living in US for past 10 years genuine appliers are really stuck in this.They have all applied their labor and got them cleared only dec 2006.
people who are interested can send those letters if not ignore the thread.
If you are EB2 good for you...Its not that easy to change jobs having families..and when you are satisfied with the employer ,why would they change.
Everyone here want GC to stay in this country.And we all are here to find solutions thru IV - active participation is better.
Pani's letter is not that bad...if you dont like alter what you want to express and send it.People can write what they are facing only.
this is not an argument...just felt bad when you were point blankly picking on them.
I dont undestand :confused:
But one thing I understand there are many , in general like to irritate and hurt other's sentiments and thoughts and pinpoint only faults.
Becoz of this lack of unity only ,most of us face problems.
First of all, I do support issues faced by EB-3 India applicants. However, a letter with many factual errors and words like bonded is not going to help. I am just trying to present my views.
If I were OP, I will at least show my letter for some kind of legal review before sending. After all who would like to make condition bad to worse?
Please refer to post by internet couple of posts back. He has raised many good points.
Good Luck to everyone!
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freakin_gc
12-23 06:22 PM
Diptam :This morning my on-line case status has changed to Request for Additional Evidence Sent
My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.
a) Why do you need this guy
b) Can you find an american instead of this guy
c) How you benchmark performance in the company
etc...
My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.
a) Why do you need this guy
b) Can you find an american instead of this guy
c) How you benchmark performance in the company
etc...
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waiting4gc
07-18 06:12 PM
A non-profit does not aim to make profit. However it can raise money in whichever way possible to support its activities. See definition below
http://en.wikipedia.org/wiki/Non-profit_organization
A non-profit organization (abbreviated "NPO", or "non-profit" or "not-for-profit") is an organization whose primary objective is to support an issue or matter of private interest or public concern for non-commercial purposes, without concern for monetary profit.
Then it wont be a non profit organization any more. You can ask for donation but cant force for it.
http://en.wikipedia.org/wiki/Non-profit_organization
A non-profit organization (abbreviated "NPO", or "non-profit" or "not-for-profit") is an organization whose primary objective is to support an issue or matter of private interest or public concern for non-commercial purposes, without concern for monetary profit.
Then it wont be a non profit organization any more. You can ask for donation but cant force for it.
Milind123
09-12 11:18 AM
Thankyou satyachowdary and sameold.
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. satyachowdary and sameold please consider monthly contributions.
Here are my details
Order Details - Sep 12, 2007 11:34 AM EDT
Google Order #365470411117583
Sorry forgot to mention the amount of $100.
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. satyachowdary and sameold please consider monthly contributions.
Here are my details
Order Details - Sep 12, 2007 11:34 AM EDT
Google Order #365470411117583
Sorry forgot to mention the amount of $100.
Jimi_Hendrix
11-20 05:50 PM
Can you e-mail me at amitg_2000@hotmail.com with your contact information and your availability this week for a conference call?