Ramba
10-21 04:07 PM
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.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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unseenguy
02-09 05:01 PM
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.
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.
bkarnik
04-26 02:09 PM
Knnmbd:
I looked up the link http://judiciary.senate.gov/schedule.cfm and it indicates something else. However, there is a remote possibility that CIR might be discussed as one of the witness is congressman james Sensenbrenner who was the sponsor of the house bill. Lets keep fingers crossed:)
I looked up the link http://judiciary.senate.gov/schedule.cfm and it indicates something else. However, there is a remote possibility that CIR might be discussed as one of the witness is congressman james Sensenbrenner who was the sponsor of the house bill. Lets keep fingers crossed:)
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smuggymba
01-07 04:50 PM
not related but when I was buying a new car, I was told that they can only finance until the visa is valid:mad:.........the other dealership didn't ask any questions.
Just try somewhere else. good luck.
Just try somewhere else. good luck.
more...
flipflop
10-03 05:10 PM
Every year congress mandates that 140k immigrant visas may be issued. Lets say, in a particular year 200k applications were sent in, but only half of them could reach a stage where they could be approved (rest half are stuck in name check et al). Now you can approve only 100k which means that 40k visas which could have been used will go wasted for that year.
msp1976
01-10 03:08 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...
I came to US when I was 24 years old...I delayed the filing and not a day goes by that I donot repent that...My friend are GC holders and bought their houses..I am 30 now..
I think that even at your age..a GC is good to have....It opens up many possibilities....Whatever money you save doing a job...I doubt that you can go back and retire..The prices of everything keep going up in India...One still would need to work....
Even if social security benefits get reduced in US, they would still pay something...In time if you have citizenship you can get whatever you can from that and whatever you saved would make a living...In fact if you donot have a concrete plan of returning in 1 year, file for GC immediately....
When this organization is successful, you would at least have a 485 filed and your spouse can work and they would not throw you out summarily...
I came to US when I was 24 years old...I delayed the filing and not a day goes by that I donot repent that...My friend are GC holders and bought their houses..I am 30 now..
I think that even at your age..a GC is good to have....It opens up many possibilities....Whatever money you save doing a job...I doubt that you can go back and retire..The prices of everything keep going up in India...One still would need to work....
Even if social security benefits get reduced in US, they would still pay something...In time if you have citizenship you can get whatever you can from that and whatever you saved would make a living...In fact if you donot have a concrete plan of returning in 1 year, file for GC immediately....
When this organization is successful, you would at least have a 485 filed and your spouse can work and they would not throw you out summarily...
more...
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anyluck?
12-10 06:48 PM
I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.
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kab_ayega
04-07 06:48 PM
Absolutely, the idea of doing a rally is what;s the need of the hour.
Illegels have showed up the way to make their voices heard at the center.
have we forgotten , rallies are not new to us, that how Gandhi fought independence.
We got to wake up come out of our comfort zones and small interests
look at the magnitude of teh problem.
If we dont stand up, they will do whatever they want to.
backlog will go in parallel with retrogression.......
calling senator , faxing ur views can help to convey ur message but we need
to be agressive
when they have a choice to discuss and decide on some matter
it will be illegals not us as they are ones who have created nuisance.
think what will happen to US economy if all of H1B holders stop working for a day, noone supporting their applications, data, security
they outght to take action only if we stand up...
i am in for any such kind of rallies,
place does not matter, you dont have to do it at the center only
as long as it can be conveyed through the media it will be heard.
email if anyone of you is willing to take this up in sothern california
Illegels have showed up the way to make their voices heard at the center.
have we forgotten , rallies are not new to us, that how Gandhi fought independence.
We got to wake up come out of our comfort zones and small interests
look at the magnitude of teh problem.
If we dont stand up, they will do whatever they want to.
backlog will go in parallel with retrogression.......
calling senator , faxing ur views can help to convey ur message but we need
to be agressive
when they have a choice to discuss and decide on some matter
it will be illegals not us as they are ones who have created nuisance.
think what will happen to US economy if all of H1B holders stop working for a day, noone supporting their applications, data, security
they outght to take action only if we stand up...
i am in for any such kind of rallies,
place does not matter, you dont have to do it at the center only
as long as it can be conveyed through the media it will be heard.
email if anyone of you is willing to take this up in sothern california
more...
jonty_11
07-06 12:29 PM
Have all those visas made available been used up so far by USCIS? I doubt it.
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS...
Its a big scandal....Just to prevent us from filing...
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS...
Its a big scandal....Just to prevent us from filing...
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smc
07-23 09:45 PM
Am surprised that there is no communication from IV Core on this.
more...
gsc999
07-19 06:30 AM
A small contribution for the future goals....$500 today and more to come....
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
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mrdelhiite
06-22 03:06 PM
Login is uniqe for each employer. My login will not work for you.
so it is tied to your applied application.... can you not check someones elses application
-M
so it is tied to your applied application.... can you not check someones elses application
-M
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skillet
06-18 01:06 PM
No.. They are not auditing..
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priderock
06-01 03:31 PM
I may be wrong but this is just an omission in the language of the bill. The effective date was stated as the date the bill is introduced, I guess it will change to some thin like when it is signed in to law or sixty days or 180 days from that date. As I said I could be wrong, but it seemed unfair and not right to make it effective retroactively.
Note : this is for 140s only and not for AOS.
Note : this is for 140s only and not for AOS.
more...
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she81
07-24 07:00 PM
I am planning to call PBEC for my case. My recruitment was completed early this month but the lawyers haven't received a recruitment report instruction letter. I want to request them to at least send the letter since everything else is ready. Did anyone have any luck calling on their own? Or do they only want to speak with employer/attorney?
Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.
Very much appreciate a response from someone.
Any advice? Anything at all?
Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.
Very much appreciate a response from someone.
Any advice? Anything at all?
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eeezzz
09-10 10:50 AM
Look at this VB a different way. They don't have a good system to do FIFO so this is the alternative way to do FIFO. Those people who have much older PD probably will appreciate this bulletin.
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leo2606
07-14 08:32 PM
^^^^^
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ashutrip
06-18 12:57 PM
I emailed them not as me but as my employer( point of contact mentioned in the labor petition) and it works they send me a copy of the labor approval to my house along with a copy to my employer and one to my attroney. It really works.
what is your pd?
what is your pd?
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looneytunezez
05-19 07:49 PM
Congrats...
FINAL UPDATE
HURRAHHHHHHHHHHHHHHHHHHHH
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
FINAL UPDATE
HURRAHHHHHHHHHHHHHHHHHHHH
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
inskrish
09-28 09:32 PM
More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....
LOL. :) If I am a volunteer as an IO, I would get the names of all IV members, write a small script to approve their GCs, make sure the cards are delivered to the members, and immediately resign my job. :D
Regards,
IK
LOL. :) If I am a volunteer as an IO, I would get the names of all IV members, write a small script to approve their GCs, make sure the cards are delivered to the members, and immediately resign my job. :D
Regards,
IK
nik.patelc
02-18 06:04 PM
EB3 to EB2 porting is so huge. I dont think PERM 2005 data really matters. i think a pattern of gradual moving dates ( 1 month or 2 month per bulletin) forward for EB2 India till Spet 2009. Then with OCT, dates will go back to 2002 due to EB3 - EB2 porting.
Somewhere in another thread i saw that roughly total 60000 EB2 India cases are in pending state by Ron gotcher analysis.
if hypothetically, After July 2007 fiasco, thousands of EB3 cases prior to 2004 PD date were converted to Eb2, I assume It will take alteast 2 to 3 years to clear all EB2 cases with PD < DEC 2004 even if there is new cases of Eb3 to EB2 porting going forward from today.
Somewhere in another thread i saw that roughly total 60000 EB2 India cases are in pending state by Ron gotcher analysis.
if hypothetically, After July 2007 fiasco, thousands of EB3 cases prior to 2004 PD date were converted to Eb2, I assume It will take alteast 2 to 3 years to clear all EB2 cases with PD < DEC 2004 even if there is new cases of Eb3 to EB2 porting going forward from today.
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