gcgonewild
07-29 02:27 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
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Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
saps
11-06 04:39 PM
I don't know how to start a new thread. Can someone suggest the steps for the same as I would like to move the letter to the new thread to get people opinion and IV attention on the same.
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EB2_Jun03_dude
11-29 04:49 PM
I got this RFE email Nov 28th. Yet to receive the letter so do not have the "response time window".
Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.
Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.
more...
Axilleus
10-23 10:42 AM
EAD application sent Aug 26 (Arrived Aug 28)
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
GCMangataHai
10-21 05:24 AM
PSAM,
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
more...
sidbee
08-19 01:36 PM
Not that , i agree with OP(Infact i am against posting such a news on IV)
Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)
Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )
Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)
Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )
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loveiv
07-29 10:54 AM
Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
Just want to confirm that.
Did anyone get 2 year EAD when they did not file labor?
If you think this question is stupid, and same with the above one too.
Just want to confirm that.
Did anyone get 2 year EAD when they did not file labor?
If you think this question is stupid, and same with the above one too.
more...
kanta80
03-03 05:09 PM
My F1 grace period is almost ending. I filed the change of status application to take H4 status and I have received the receipt for it. It says it takes about 100-150 days for the decision. My employer is going to apply for my H1B on April 1, 2006 and I think I will not have the H4 approval by then. Is it possible to apply for H1B with this pending H4 situation? I am concerned since my F1 grace period will end in a week. Will there be any problem at all?
Thanks.
Thanks.
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Nil
04-07 06:01 PM
Approaching the presidential candidates is a good idea.
more...
TheCanadian
01-25 01:30 AM
I gotsta give it to the snow.
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purgan
04-24 08:39 AM
gccube/kamesh
congratulations on your GC. must be a great feeling. I see ypur 485 RD was in JUne 2007, was yours based on a Labor substitution?
congratulations on your GC. must be a great feeling. I see ypur 485 RD was in JUne 2007, was yours based on a Labor substitution?
more...
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ubetman
08-07 08:40 PM
Hi guys,
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
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pani_6
08-24 09:27 AM
I am not sure how the Bill gets intorduced into the senate...but if only the h1 increase is the sticking point in the skil .....for now lets only focus of the visa retrogression and the waiver for visa numbers for people with STEM degrees and quicker processing of BEC's....I think we need to get the benefit in smaller chunks...
more...
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mzafar125
08-16 04:47 PM
Howdy fellow Aliens,
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
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Hope_GC
07-17 10:57 PM
I am on the same boat.. My Wife is Expecting...Doctor filling I-693 form will file for exception.
and we need to take the shots after the pregnancy and feeding.
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
and we need to take the shots after the pregnancy and feeding.
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
more...
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talash
10-16 08:28 PM
As for as i know they are very strict about MTR timings but if u can prove that u didnt get notice on time it may work .MTR is 580 bucks so it wouldnt hurt if u give a shot .I think if u file new labour u may loose ur old PD but im not sure about that .My 140 was denaied on A2p basis .didnt get denail notice till i mad 4 calls and asked attorney to write then but was abl to file MTR on 28th day which was sucessfull .
good luck
good luck
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latbsol
02-25 01:23 AM
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
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eb3retro
08-03 06:35 PM
This is a small idea and let us see if it works.
We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.
I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.
Suggestions are welcome.
great idea...
We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.
I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.
Suggestions are welcome.
great idea...
factoryman
02-09 07:12 PM
this blog is written and maintained by staff of HAMMOND LAW FIRM. Go to their home page (http://www.hammondlawfirm.com), you will understand this.
This is a blog. Its not a credible source of information.
This is a blog. Its not a credible source of information.
royus77
06-29 01:37 PM
All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.
Just signing and sending the last page in the 485 which doesnt have much Data .you can save a lot of time. You can verify online the data entry work done by the para-leagl and you are good to go and save couple of days ..i moved to a small firm ( from a over priced attorney ) and he was quite good. My forms are ready to pickup by Fedex in the evening from Attorney's office
Just signing and sending the last page in the 485 which doesnt have much Data .you can save a lot of time. You can verify online the data entry work done by the para-leagl and you are good to go and save couple of days ..i moved to a small firm ( from a over priced attorney ) and he was quite good. My forms are ready to pickup by Fedex in the evening from Attorney's office
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