spicy_guy
10-22 12:21 PM
I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).
When did you apply? Status?
When did you apply? Status?
Green.Tech
05-31 08:10 PM
Keep contributing guys...
indio0617
03-16 10:11 AM
I just called the number. No answer. Will try again...
Milind123
09-13 03:50 PM
Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
Details of my $100 contribution are in my signature.
To people who still have their finger on the trigger,
Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?
On a more serious note we still required $10,000 before Sept 18th.
Details of my $100 contribution are in my signature.
To people who still have their finger on the trigger,
Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?
On a more serious note we still required $10,000 before Sept 18th.
more...
nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
wanna_immigrate
03-15 03:33 PM
In the last 1 months, how mcuh time is it taking for just the labor to be cleared. Not the pre-labor work. Just labor.
Thank you,.
BTW you can check it out at
Welcome to the iCERT Portal (http://icert.doleta.gov/)
Thank you,.
BTW you can check it out at
Welcome to the iCERT Portal (http://icert.doleta.gov/)
more...
Junky
09-12 08:23 AM
Same loser MF AssHole give me a red with the remark. "gimme red!" for my following post
:D:D:D:D:D
:D:D:D:D:D
waitingmygc
05-19 05:08 PM
Thanks chanduv23 for providing detail steps.
Great news ind_game. Hope eveything will be normal in a month.
Great news ind_game. Hope eveything will be normal in a month.
more...
hopefullegalimmigrant
12-26 05:26 PM
Hi
I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.
I applied on Aug 10 - Nebraska
I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.
I applied on Aug 10 - Nebraska
vandanaverdia
09-13 07:16 PM
milind123...
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
more...
Libra
09-10 04:56 PM
thank you, 21k more....com' on we can do this.
Contributed $100 via Google checkout.
Contributed $100 via Google checkout.
srikondoji
08-02 03:52 PM
I told him that i have to make travel arrangements for the month of october.
He said to call back mid next week, if i didnot get the receipt by then.
Looks like they are having aggressive internal deadlines.
--sri
He said to call back mid next week, if i didnot get the receipt by then.
Looks like they are having aggressive internal deadlines.
--sri
more...
virtual55
07-11 11:35 AM
In VA can we extend Driving License with receipt notice of h1 extension .
hebbar77
09-11 08:53 PM
I am in . What do we do. flowers with calculators or a simple math book seems a good idea.
more...
Suva
09-01 09:20 AM
Landed in April, 2000. Filed labor in Dec, 2004. 6 years and still counting.
Macaca
10-01 04:44 PM
Canot DOL/ UCIS make a judgement based on their own ?
You don't want USCIS to make any judgement. Here is an example of their judgement.
USCIS said that 140K EB #s were used on July 2. However, we are hearing that they did not use up the numbers on Sep 30.
You don't want USCIS to make any judgement. Here is an example of their judgement.
USCIS said that 140K EB #s were used on July 2. However, we are hearing that they did not use up the numbers on Sep 30.
more...
optimystic
09-10 03:32 PM
People in the forum are talking a lot about visa recapture..
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
navkap
07-15 11:19 PM
Count me in ---- I am in southern CA (in beautiful Los Angeles Area)
nyte_crawler
04-25 11:41 AM
What i meant was, although H1 it is a dual intent visa, you dont necessarily show your intention until you apply for your green card process. There are cities that follow different tax structures when you apply for labor or not. Technically, that when you are showing your intention of immigrating. So why throw a blanket on entry date on H1, when some of them dont have the intention of immigrating to US permanently. This will only increase the demand of the GCs.
H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.
So I would think it would very wise to be given a PD based on when a person started working on "H"
H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.
So I would think it would very wise to be given a PD based on when a person started working on "H"
sameet
02-18 05:36 PM
I am seeing a lot of folks predicting the EB2 dates. And I believe they are right in doing so since that is their filign category. What I am asking is if there are any prediction regarding EB3-I. The dates are not moving at all which is absolutely frustating.
Pallavi79
09-13 10:06 PM
Eb2 people are highly qualified compared to EB3. I encourage EB2 people do the following before taking the action against eb3 to eb2.
1.Get more GC numbers.
2.Upgrade your self to EB1. So that you can get visas immediately.
3.Fight for GC approvals in FIFO order.
If you ignore above issues but focus on Eb3 to Eb2, you are definitely from EB2 and you want to fight for your own GC. Nothing else matters to you.
1.Get more GC numbers.
2.Upgrade your self to EB1. So that you can get visas immediately.
3.Fight for GC approvals in FIFO order.
If you ignore above issues but focus on Eb3 to Eb2, you are definitely from EB2 and you want to fight for your own GC. Nothing else matters to you.
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