rameshk75
05-13 10:59 AM
I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?
We need IV help in this area.
If you have not contributed for the recpature funding drive, Please do so..let's move forward together and support IV to lobby the introduced bills first...there is no point in fighting among ourselves !!
I agree to 'kaisersose'.....
We need IV help in this area.
If you have not contributed for the recpature funding drive, Please do so..let's move forward together and support IV to lobby the introduced bills first...there is no point in fighting among ourselves !!
I agree to 'kaisersose'.....
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bottlemani
04-26 07:57 AM
I am so proud of you guys! Excellent job!!!!
doctor795
02-12 09:22 AM
When does the "Approval notice sent" status appear, it is about 7 days since I got the production ordered.
Hello,
My EAD is pending for 8 months due to security clearance. I requested interim EAD but no luck. Have made several info pass appointments, the IO called Texas Service Center and spoke to the officer who has my application. the Texas service center replied to local IO that they will soon get to it. As of January 11, 2008 my application is sitting on the desk of the IO in Texas waiting to be adjudicated. However, with pending security clearance I am not sure when that would happen....Biometrics were done in July 2007.
Any advise is greatly appreciated
thanks
Hello,
My EAD is pending for 8 months due to security clearance. I requested interim EAD but no luck. Have made several info pass appointments, the IO called Texas Service Center and spoke to the officer who has my application. the Texas service center replied to local IO that they will soon get to it. As of January 11, 2008 my application is sitting on the desk of the IO in Texas waiting to be adjudicated. However, with pending security clearance I am not sure when that would happen....Biometrics were done in July 2007.
Any advise is greatly appreciated
thanks
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sanju
02-23 04:44 PM
allow me to illustrate my point
gt8Y93k0pB0
.
gt8Y93k0pB0
.
more...
superdoc
09-24 07:56 AM
Hi,
The notice doesn't say that I-485 was denied. for I-140, it says notice of Automatic revocation. For I-485 it says Acknowledgement of withdrawl. It looks to me that my previous desi employer actually withdrawn the I-485 application and thats the reason it says the I-140 is automatically revoked.. But how can they withdraw my I-485 application ?
Thanks in advance for your reply.
did you file a new g-28? if not do that right away..maybe they denied accidentally
I think MTR will be successful in your case..it will just be a few anxious weeks...
Remember worst case scenario..go back to INDIA which I think is not too bad as a software engineer !! Cheer up...
DESI employers are the biggest dousche bags around..i have decided that I will not work for another desi
The notice doesn't say that I-485 was denied. for I-140, it says notice of Automatic revocation. For I-485 it says Acknowledgement of withdrawl. It looks to me that my previous desi employer actually withdrawn the I-485 application and thats the reason it says the I-140 is automatically revoked.. But how can they withdraw my I-485 application ?
Thanks in advance for your reply.
did you file a new g-28? if not do that right away..maybe they denied accidentally
I think MTR will be successful in your case..it will just be a few anxious weeks...
Remember worst case scenario..go back to INDIA which I think is not too bad as a software engineer !! Cheer up...
DESI employers are the biggest dousche bags around..i have decided that I will not work for another desi
dontcareanymore
03-18 04:46 AM
You may have trouble entering the country. There was an article on this very subject on murthy.com . You may search for the article with the key word.
From what I remember from that article, misdemeanors are not considered as inadmissibility, but the catch is, if the crime is a "felony" but ruled "misdemeanor" that could be treated as ground for inadmissibility. The shop lifting was given as an example of such case. I don't mean to scare you , but re-entry may not be your only issue, I think I485 approval may also be an issue.
I am sure I must have missed some thing in paraphrasing and recollecting the article, but you could search for the original article.
Goodluck.
Disclaimer : I am not a lawyer. This is just my opinion based on my recollection of reading some thing online on a general topic. You are probably better off discussing your specific case with a qualified attorney.
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
From what I remember from that article, misdemeanors are not considered as inadmissibility, but the catch is, if the crime is a "felony" but ruled "misdemeanor" that could be treated as ground for inadmissibility. The shop lifting was given as an example of such case. I don't mean to scare you , but re-entry may not be your only issue, I think I485 approval may also be an issue.
I am sure I must have missed some thing in paraphrasing and recollecting the article, but you could search for the original article.
Goodluck.
Disclaimer : I am not a lawyer. This is just my opinion based on my recollection of reading some thing online on a general topic. You are probably better off discussing your specific case with a qualified attorney.
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
more...
ganguteli
03-01 03:21 PM
no comments ?
people we are coming close to the situation where it is "do or get fried :)".
I disagree that the situation is very bad.
It is bad only for those that are laid off on H1B. All others have EAD and are happy. They will realize the bad situation only when they cannot take a promotion or salary raise or cannot change job due to same and similar. Or if I485 gets an RFE or denial.
If the situation was bad, more people would be serious about your idea including you. Even you are not willing to do anything yourself other than asking others to do it. So this is the fate of immigrant community. We all do not want to do anything ourselves unless we ourseves are in a bad situation.
people we are coming close to the situation where it is "do or get fried :)".
I disagree that the situation is very bad.
It is bad only for those that are laid off on H1B. All others have EAD and are happy. They will realize the bad situation only when they cannot take a promotion or salary raise or cannot change job due to same and similar. Or if I485 gets an RFE or denial.
If the situation was bad, more people would be serious about your idea including you. Even you are not willing to do anything yourself other than asking others to do it. So this is the fate of immigrant community. We all do not want to do anything ourselves unless we ourseves are in a bad situation.
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gc_waiter56
07-06 10:16 AM
This will be a class action lawsuit which means that all the people who are in the same class as the plaintiff will get the benefit of the favourable decision. Now on whether to file or not, it is an individual decision but most of us have already prepared for the filling so there is no harm in going ahead with the filling. The worst will be to file again but nothing more than that can happen and as I have heard most of the attorney will not be charging again when people will be refiling their cases. So better to file your case and let USCIS reject rather than feel sorry later on if the judge rules in favour of the lawsuit.
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
more...
sk2006
08-07 01:49 AM
Couldnt agree with you more - absolute magic from ghalib
This Ghazal is NOT by ghalib.
Poet is Shaharyar who wrote this for movie Umrao Jaan.
This Ghazal is NOT by ghalib.
Poet is Shaharyar who wrote this for movie Umrao Jaan.
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a1b2c3
01-13 02:36 PM
Eb2 have never moved beyond may 2004.. so until it goes past that.. these movements are not really worth anything.. it has to overcome that resistance.. then maybe 2005 will be a reality
..
What are you smoking today?
EB2-I Aug 2008 - Jun-06
EB2-I Sep 2008 - Aug-06
..
What are you smoking today?
EB2-I Aug 2008 - Jun-06
EB2-I Sep 2008 - Aug-06
more...
gc_nebraska
01-13 05:04 PM
Guys ! I know couple months ago a lot of us got RFE's and the status says " response received and cased resumed" but nothing after that , do you'll think that they might look into our files even with different PD dates.
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RandyK
09-23 10:07 AM
I started calling the list.... I called last week as well.
I will update when I am done with calling everyone on the list.
I will update when I am done with calling everyone on the list.
more...
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bugsbunny
04-20 12:06 PM
I don't know if IV is already doing it...but we need to meet all these lawmakers who are considering immigration reform....get the details of the bills they are proposing....see what the common benefits are...and help them to converge toward a unified bill that will help all.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
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Macaca
08-12 11:17 AM
From Immigration rules may hurt economy (http://immigrationvoice.org/forum/showpost.php?p=144955&postcount=66) Crackdown on employers could cause havoc in agriculture, healthcare and other industries, Chertoff acknowledges By Nicole Gaouette (nicole.gaouette@latimes.com ), Los Angeles Times Staff Writer, August 11, 2007
Others expressed skepticism about the Department of Homeland Security's ability to enforce the measures, pointing out that the department cannot even come up with the number of high-skilled visa-holders in the country. "The agency that can't count is now going to go on this enforcement gig," said Rep. Zoe Lofgren (D-San Jose), chairwoman of the House immigration subcommittee. "We'll see how they do."
In its Response to the Ombudsman’s 2006 Annual Report recommendation (AR 2006 – 01), USCIS agreed in principle to provide a breakdown of all incomplete cases by the number of months pending and application type, and stated (at p. 7):
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive. (page 13)
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing. (page 13)
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty. (page 13)
Others expressed skepticism about the Department of Homeland Security's ability to enforce the measures, pointing out that the department cannot even come up with the number of high-skilled visa-holders in the country. "The agency that can't count is now going to go on this enforcement gig," said Rep. Zoe Lofgren (D-San Jose), chairwoman of the House immigration subcommittee. "We'll see how they do."
In its Response to the Ombudsman’s 2006 Annual Report recommendation (AR 2006 – 01), USCIS agreed in principle to provide a breakdown of all incomplete cases by the number of months pending and application type, and stated (at p. 7):
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive. (page 13)
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing. (page 13)
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty. (page 13)
more...
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vnandster
08-12 01:06 PM
... Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06 ...
tooclose -
Can you post the link to the page on the USCIS site which says so?
tooclose -
Can you post the link to the page on the USCIS site which says so?
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bugsbunny
04-20 12:06 PM
I don't know if IV is already doing it...but we need to meet all these lawmakers who are considering immigration reform....get the details of the bills they are proposing....see what the common benefits are...and help them to converge toward a unified bill that will help all.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
more...
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pappu
02-23 12:50 PM
Thanks msp1976. Pls work on it further to make it 3 times the length you have now.
Also your article can be used by us for US media (opportunity #2) Pls. use your analytical skills and number crunching you displayed on other thread in your article. You can tilt it towards CIR bill and how much we high skilled immigrants need a relief measure, to make it more timely and we will get it published in first week of March in american media to time it with activities on CIR.
Also your article can be used by us for US media (opportunity #2) Pls. use your analytical skills and number crunching you displayed on other thread in your article. You can tilt it towards CIR bill and how much we high skilled immigrants need a relief measure, to make it more timely and we will get it published in first week of March in american media to time it with activities on CIR.
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bluekayal
10-11 02:13 PM
Dear pmpforgc,
My I-140 has not been approved and I am not going in for PP. I thought about it yesterday, but even if the I-140 was approved there is no guarantee that 485 would be approved before Nov.1st.
what have you decided?
Bluekayal
Dear Nelsonagn and BlueKayal
Thanks for your responses
Bluekayal does your I-140 is already approved as Sched. A or are you going for premium processing?
My I-140 has not been approved and I am not going in for PP. I thought about it yesterday, but even if the I-140 was approved there is no guarantee that 485 would be approved before Nov.1st.
what have you decided?
Bluekayal
Dear Nelsonagn and BlueKayal
Thanks for your responses
Bluekayal does your I-140 is already approved as Sched. A or are you going for premium processing?
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BECsufferer
01-15 08:48 PM
EB2 Jan04 ... I need it to be Jan05. Damn!!
chris
09-29 10:51 PM
Went to local office (infopass) and called POJ method, Both IO's said that my FBI name check cleared.
Chris- how did you find out your NC has been cleared?
Thank you.
Chris- how did you find out your NC has been cleared?
Thank you.
roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.