From Matthew Oh Website:http://www.immigration-law.com/
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
.
What about the 130k cases waiting for FBI name check - I'm surprised nobody is looking at it. If this is all EB related (worst case scenario), we are looking at around 240k cases of EB category. Well, I already had an email which screwed up my mood today and now this...... time to dump it all and first enjoy the weekend :-)
Afterall, GC is just one of the many factors in life and the more you keep it at the lower priority end, the more you can enjoy TODAY :-)
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
.
What about the 130k cases waiting for FBI name check - I'm surprised nobody is looking at it. If this is all EB related (worst case scenario), we are looking at around 240k cases of EB category. Well, I already had an email which screwed up my mood today and now this...... time to dump it all and first enjoy the weekend :-)
Afterall, GC is just one of the many factors in life and the more you keep it at the lower priority end, the more you can enjoy TODAY :-)
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possible reason for mysterious rejections :
You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.
Could this be the case with some apps mysteriously being rejected?
You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.
Could this be the case with some apps mysteriously being rejected?
Are you sure he is an attorney? May be he is a normal guy like me still in his halloween costume as Attorney.:D
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Very informative and close to our situation. Thank you for sharing.
IV core team ... You are an amazingly competent team and have done a tremendous
job over the last three months.
I don't think any of us here, including me, has earned the right to criticize this effort
or demand results, unless we are part of the core team or an active volunteer.
There are better ways to express our concerns than to spread the negativity.
job over the last three months.
I don't think any of us here, including me, has earned the right to criticize this effort
or demand results, unless we are part of the core team or an active volunteer.
There are better ways to express our concerns than to spread the negativity.
My case is exactly like yours ....
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
Neither of these are SLR's unless I'm mistaken. To hit the price range you are after -- you are looking at the Nikon D70 or the Canon 300D. It appears that you are looking at the P&S that are 8mp, keep in mind that the 6mp crop of dSLRs here mentioned above will get a higher resolution and better ISO range, which can help you always indoors. Definately enough for your 11x17 print desires. Those 8mp sensors are using much smaller sensors which by statistic sounds like more, it's not really.
If you are moving from a P&S and your not familiar with SLR's, this might be a learning experience for you. Is it worth it? Definately.
I'm Canon biased, but I've heard great things about the D70. I'd check out both and decide which is right for you and the possible future lens purchases.
-- Matt
If you are moving from a P&S and your not familiar with SLR's, this might be a learning experience for you. Is it worth it? Definately.
I'm Canon biased, but I've heard great things about the D70. I'd check out both and decide which is right for you and the possible future lens purchases.
-- Matt
2010 And quotes have been tagged as
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
If only USCIS releases stats regarding the applications in various stages,we can make accurate predictions. It borders on silliness that a government organization in the super power cannot accurately count it's work load.
That will atleast set expectations to people who are waiting and help them to plan their lives accordingly.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
If only USCIS releases stats regarding the applications in various stages,we can make accurate predictions. It borders on silliness that a government organization in the super power cannot accurately count it's work load.
That will atleast set expectations to people who are waiting and help them to plan their lives accordingly.
Please see this Portal Forum where DMV issue is more discussed..
http://www.immigrationportal.com/forumdisplay.php?f=229
http://www.immigrationportal.com/forumdisplay.php?f=229
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Although I agree with you on principle...that cannot bring people in numbers. There will always be people who don't agree with each other. leadership involves channeling both parties energies, those who agree with me and those who don't agree. Sounding arrogant, feeling proud of what I did better than others and looking down upon people who don't agree with me, doesn't help me, right? Who am I to judge somebody's attitude and achievements?
Priceless!
Speechless!
Such attitude is Worthless! How confident should we be that they will stick to the message and not go of on tangent in the meeting? It may be better off not to have them.
If people believe a cause is worthwhile and will benefit them, they will come - and registering will not be an issue for them.
If people don't want to do the heavy lifting, they will give any excuse - including registering as the detractor to join the cause. The change has to come from within and cannot be forced. You can talk to a person who has a question on what needs to be done during the advocacy days, you can talk to a person who has doubts - if he/she can be reasoned with, but you are wasting time with people who have no intention of participating to begin with!
Priceless!
Speechless!
Such attitude is Worthless! How confident should we be that they will stick to the message and not go of on tangent in the meeting? It may be better off not to have them.
If people believe a cause is worthwhile and will benefit them, they will come - and registering will not be an issue for them.
If people don't want to do the heavy lifting, they will give any excuse - including registering as the detractor to join the cause. The change has to come from within and cannot be forced. You can talk to a person who has a question on what needs to be done during the advocacy days, you can talk to a person who has doubts - if he/she can be reasoned with, but you are wasting time with people who have no intention of participating to begin with!
Got a response from John Mcain few days back. But when will words actually change into actions?
IV is our only hope, no one else cares.
IV is our only hope, no one else cares.
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How are you Yabadaba?
We missed you.. The other day I saw one of your eloquent posts on a site. Wish to see you here more so that this forum is more lively and useful for others.
Hi Pappu.. I am always around...i keep doing my share of what the latest action item is.. but kinda am in the background...right now i m in, as united nations once posted in his "stages of retrogression" post, I am at the acceptance stage, that the gc approval will happen when it will happen.
hope u guys are doing good too.
We missed you.. The other day I saw one of your eloquent posts on a site. Wish to see you here more so that this forum is more lively and useful for others.
Hi Pappu.. I am always around...i keep doing my share of what the latest action item is.. but kinda am in the background...right now i m in, as united nations once posted in his "stages of retrogression" post, I am at the acceptance stage, that the gc approval will happen when it will happen.
hope u guys are doing good too.
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If you are talking about the discussion. then am referring to the items and not the discussions.Have I missed these items some where that are like the above. Then we are good to go. Can you let me know if the action items already there tries to encompass all thes issues and possible solutions. Ofcourse I know every one is talking and discussing but didn't see a concrete list except a description on the front page saying we are fighting for the cause of GC aspirants and some smaller descriptions.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
Mission Statement
The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority
http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
Mission Statement
The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority
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Greencard and H-1B expenses should be paid by the employer. Anything else is illegal.
I have heard the above from a lawyer. I think there is lot truth in the above statement.
However, in teaching the Univ processes H1B and most faculty pay the USCIS fees. I have written a check to USCIS for my H1B fees. Most faculty also pay their GC dues including lawyer + USCIS fees.
I have also heard that faculty can negotiate for the Deptt to pay the H1B + GC fees.
I have heard the above from a lawyer. I think there is lot truth in the above statement.
However, in teaching the Univ processes H1B and most faculty pay the USCIS fees. I have written a check to USCIS for my H1B fees. Most faculty also pay their GC dues including lawyer + USCIS fees.
I have also heard that faculty can negotiate for the Deptt to pay the H1B + GC fees.
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About to leave to Best Buy to pick up my new 17" notebook PC. I'll have to load some stuff onto and finish something for a client, but it will be finished tonight.
Sorry about the delay.
Sorry about the delay.
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The question is incorrect.
It should be, "How many of you have children that are non-US citizens?"
The reason is obvious. One less immigration visa if the kid is a citizen.
It should be, "How many of you have children that are non-US citizens?"
The reason is obvious. One less immigration visa if the kid is a citizen.
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You should be allocated a visa number if nothing is wrong with your application... If its quite old as it looks to be, they may issue an RFE for EVL.. and you can respond asap and still be optimystic.. Chances are high that you'll get a Visa number assigned to you if the quota doesn't finish in the first week of March... Actual approval can come months later even if the PD has retrogressed...
So chill and prepare for EVL or straight approval...
Name check is irrelevant now.. Its 180 days from when FBI name check was initiated.. Its normally around your Notice Date...
Though my PD is quite old , I didn't get to my I-140 filing until Jan 2007 thanks to the labor certification backlog hell. It was filed premium and approved in Jan 07 itself. And also my I-485 was filed in last week of July. So the information USCIS has is kind of recent. And I have stayed with the same employer so far (One of world's well reputed & largest IT company)
I hope they look at these facts and dont bother sending an RFE or EVL and send me the straight approval ! (Fingers crossed and touch wood and whatever else !)
So chill and prepare for EVL or straight approval...
Name check is irrelevant now.. Its 180 days from when FBI name check was initiated.. Its normally around your Notice Date...
Though my PD is quite old , I didn't get to my I-140 filing until Jan 2007 thanks to the labor certification backlog hell. It was filed premium and approved in Jan 07 itself. And also my I-485 was filed in last week of July. So the information USCIS has is kind of recent. And I have stayed with the same employer so far (One of world's well reputed & largest IT company)
I hope they look at these facts and dont bother sending an RFE or EVL and send me the straight approval ! (Fingers crossed and touch wood and whatever else !)
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All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
Please don't travel thru countries that impose this ridiculous transit Visa requirement on individuals, especially from India.
I stopped traveling through countries that impose transit visa; Eventually, transit visa requirement will be lifted, if no one flies.
I stopped traveling through countries that impose transit visa; Eventually, transit visa requirement will be lifted, if no one flies.
Done
