smuggymba
08-23 08:41 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".
Thanks Kate. Hopefully everything should be ok; I freaked out for a while. Let's see how things go.
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".
Thanks Kate. Hopefully everything should be ok; I freaked out for a while. Let's see how things go.
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RaviG
06-25 03:10 PM
Since I am sure that my GC will take 5 to 10 years more. Meanwhile too many things will change that might make me go back home. So I decided to invest in home(India). I sold lot of stocks. Stopped contributing to 401K above employers match (I used to contribute full 15K). Deferred buying house until my 140 approved.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
a_yaja
07-24 04:47 PM
Folks,
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
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div_bell_2003
02-10 08:52 PM
OMG , what an utterly disgusting attitude !!! and on top of it, you are trying to "summarize" ???
I tried to stop myself from posting on this thread since it's based on one guy's circumstances and though I feel sorry for him ( the same way I feel sorry for all the wives and their families being extorted huge sum of money in the name of marriage ) , it's hard to judge these things knowing only one side of the story.
To each his own , but do you think your parents spent their whole lives bringing you up only to know that you think it's "legally" not right to help them monetarily ???? I guess, they should have not spent that extra money to send you to a good school/college or spend it on your tution classes and kicked you out of their house once you reach the age of 18 , like some parents do here ??? Man, it's hard for me to imagine how one can think like that about their parents.
When someone gets married they should be grown up enough to handle the money matters and put their foot down in case of any unreasonable demands, it applies to both husband and wife. The intricacies of the "Indian arranged marriage" are difficult to understand and the equations vary from case to case, so it's better not to come to a judgement and come out with something utterly nonsensical.
I'm sorry if my post is a bit rude , what rude comments beget rude reactions !
To summarize the root causes now that we discussed:
1. Parental interference to control their own child even after marriage. This is cause no 1 of this kind of tensions.
2. Immaturity on the part of children, to let their parents control their feelings. (This is partly due to in arranged marriages, children are closer to parents than the spouse in initial years). This is no 2 issue. Children simply fail to understand they are no more part of their parents family. I honestly feel these people are not really ready for marriage or understand what marriage is.
3. Money transactions. One side expecting money from other side which is not really acceptable. I will elaborate this point a bit more.
4. In cases of couples settled in US/UK, parents know that couples are making a LOT more than by Indian standards. Hence to secure their own old age comfort, everyone tries to exert influence.
On no 3, let us separate our "legal" obligations from "moral".
Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.
If your parents needed monetary support then that they should have made clear to other parents at the time of marriage. Not after marriage. If its a love marriage, then the boy/girl should have clearly told this requirement to the other half.
I tried to stop myself from posting on this thread since it's based on one guy's circumstances and though I feel sorry for him ( the same way I feel sorry for all the wives and their families being extorted huge sum of money in the name of marriage ) , it's hard to judge these things knowing only one side of the story.
To each his own , but do you think your parents spent their whole lives bringing you up only to know that you think it's "legally" not right to help them monetarily ???? I guess, they should have not spent that extra money to send you to a good school/college or spend it on your tution classes and kicked you out of their house once you reach the age of 18 , like some parents do here ??? Man, it's hard for me to imagine how one can think like that about their parents.
When someone gets married they should be grown up enough to handle the money matters and put their foot down in case of any unreasonable demands, it applies to both husband and wife. The intricacies of the "Indian arranged marriage" are difficult to understand and the equations vary from case to case, so it's better not to come to a judgement and come out with something utterly nonsensical.
I'm sorry if my post is a bit rude , what rude comments beget rude reactions !
To summarize the root causes now that we discussed:
1. Parental interference to control their own child even after marriage. This is cause no 1 of this kind of tensions.
2. Immaturity on the part of children, to let their parents control their feelings. (This is partly due to in arranged marriages, children are closer to parents than the spouse in initial years). This is no 2 issue. Children simply fail to understand they are no more part of their parents family. I honestly feel these people are not really ready for marriage or understand what marriage is.
3. Money transactions. One side expecting money from other side which is not really acceptable. I will elaborate this point a bit more.
4. In cases of couples settled in US/UK, parents know that couples are making a LOT more than by Indian standards. Hence to secure their own old age comfort, everyone tries to exert influence.
On no 3, let us separate our "legal" obligations from "moral".
Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.
If your parents needed monetary support then that they should have made clear to other parents at the time of marriage. Not after marriage. If its a love marriage, then the boy/girl should have clearly told this requirement to the other half.
more...
chanduv23
09-12 10:34 AM
For those who are still thinking - just do it - you will be very happy that you did it.
rongha_2000
04-30 04:03 PM
They are bullsxxting themselves and everyone else. I am amazed..!! These committee members dont have a clue of what they are hearing about. Mixing GCs with H1-B. This issue is always a killer and more inportantly not even related to issue at hand..!!
I am losing hopes.. I might find solace in Alberta, I hope.
I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???
I am losing hopes.. I might find solace in Alberta, I hope.
I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???
more...
485Mbe4001
08-14 07:54 PM
I doubt that USCIS can talk cryptic like Alan Greenspan, they probably meant that the PD will be back to what it was in june 08. There are only 3k visas per category and thousands of applicants, i dont see a logical reason why the dates will move 2-3 years. If they do, i too will buy you dinner. nothing is logical with USCIS... during the last couple of weeks of September you will see significant numbers of EB 2 approvals and then its back to square one for another year.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
I don't agree with it and hope not ! As latest Visa bulleting states - DOS people had predicted and planned - They will move EB3 dates forward to cover all June applicants - that means moving cut-off dates for EB3 - India to Jun 2003 as per Jun 2007 bulletin. For some reason - they see heavey demand now and it may not be the case in next bulletin. Still they beleive its diffcult to predict any dates for EB3 before mid Sept. They are working and intention are there to help EB3 applicants. That leads to make me believe that dates for EB3 - India would move to somewhere Nov-Dec 2002 to Jan-Feb 2003 in next bulletin.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
I don't agree with it and hope not ! As latest Visa bulleting states - DOS people had predicted and planned - They will move EB3 dates forward to cover all June applicants - that means moving cut-off dates for EB3 - India to Jun 2003 as per Jun 2007 bulletin. For some reason - they see heavey demand now and it may not be the case in next bulletin. Still they beleive its diffcult to predict any dates for EB3 before mid Sept. They are working and intention are there to help EB3 applicants. That leads to make me believe that dates for EB3 - India would move to somewhere Nov-Dec 2002 to Jan-Feb 2003 in next bulletin.
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freakin_gc
12-15 07:16 PM
diptam : Whether your I-140 is approved now?
I've sent 7001 to Ombudsman , Contacted Congressional offices and ultimately filed a Service request in Nov 1st week. After all this NSC opened my case yesterday Dec 9th and the status changed to "RFE sent" - there you go ! They bought at least 2 months extra time.
What a bunch of jokers at NSC - my case was extremely straight forward :(
I've sent 7001 to Ombudsman , Contacted Congressional offices and ultimately filed a Service request in Nov 1st week. After all this NSC opened my case yesterday Dec 9th and the status changed to "RFE sent" - there you go ! They bought at least 2 months extra time.
What a bunch of jokers at NSC - my case was extremely straight forward :(
more...
gsc999
07-09 05:30 PM
If you need a car ride from LA to San Jose for 07/14 rally. Please see details on the link below:
http://immigrationvoice.org/forum/showthread.php?t=6156&page=10
http://immigrationvoice.org/forum/showthread.php?t=6156&page=10
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nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
more...
bpatel23
06-02 09:19 PM
Thanks everybody for your responses!!!!
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plassey
07-20 10:17 PM
Wake up Ms Matthew,
They are talking about EAD only.
Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!
They are talking about EAD only.
Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!
more...
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lonedesi
08-04 10:07 PM
^^^^^^
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mirage
08-04 07:11 PM
Why are you guys picking on useless arguements ???
H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
more...
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conchshell
09-10 05:20 PM
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
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pappu
03-12 12:24 PM
I have been on a monthly contributions program that contributes every month to IV since JAN 2007. If this effort requires the money now, is there a way I can divert the monthly to this effort for the next 3 months. Or should I cancel my monthly contribution and just donate a lump sum for this effort?
If you have a continuing monthly contribution, just send us an email at info at immigrationvoice.org with your name , amount per month, IV ID and we will add you to the donor group after verification
If you have a continuing monthly contribution, just send us an email at info at immigrationvoice.org with your name , amount per month, IV ID and we will add you to the donor group after verification
more...
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08-08 04:05 PM
Feb 2005 EB3 India
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spicy_guy
08-12 12:02 PM
He is slamming consultancy businesses. all together, clearly!
America will pay through the nose for this move.
+2K. Are they crazy?
America will pay through the nose for this move.
+2K. Are they crazy?
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Lacris
07-23 05:58 PM
My husband doesn't even want to look. He says he'll become too agitated, so only let him know the good news. I'm addicted too, but this could become a problem for me, since this week I have finals at school:o
anilsal
07-16 07:13 AM
of why IV is an organization of its members and THEY make IV's campaigns successful.
gc28262
06-26 02:26 PM
My labor is certified online today June 26,2007. Awaiting the hardcopy of labor certification.
Center: Phily BEC
PD: May 2004
TYPE : EB3 NON-RIR
Wishing good luck to all of you waiting in BECs !
Center: Phily BEC
PD: May 2004
TYPE : EB3 NON-RIR
Wishing good luck to all of you waiting in BECs !
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