rpatel
07-24 08:42 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
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ajthakur
07-14 06:50 PM
How can you say dates will become current when I send the response.This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
Good luck.
Good luck.
sbabunle
01-01 10:36 AM
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
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nixstor
07-03 02:26 PM
this does happen- for people in the US already. larger companies find it convenient to simply send the employee out for asactly 365 days and then transfer them back. and Viola! you are in the front of the line!
all legal...but one of the various problems that cause the system to be clogged.
I am not debating it whether it can happen at all or not, whether its right or wrong. I should have worded it better in my previous post. It can happen, but not many who are already in the US do this. If it were equally rampant like the labor substitution, EB1 cannot be current for long time. While some one can go this route, they are paying a significant amount of Salary (possibly Spouse's salary as well), Family upheaval for an year and many other things as a premium. Not all people have the chance to do so and can afford to do so, if they have a chance. We are not seeing any clogs in EB1. Are we?
all legal...but one of the various problems that cause the system to be clogged.
I am not debating it whether it can happen at all or not, whether its right or wrong. I should have worded it better in my previous post. It can happen, but not many who are already in the US do this. If it were equally rampant like the labor substitution, EB1 cannot be current for long time. While some one can go this route, they are paying a significant amount of Salary (possibly Spouse's salary as well), Family upheaval for an year and many other things as a premium. Not all people have the chance to do so and can afford to do so, if they have a chance. We are not seeing any clogs in EB1. Are we?
more...
3d Nirvana
02-27 08:28 PM
You can also use Mental Rey, and check the "final gather" option. Make sure when you use it you set the rays down to like 10 or 20, or it'll take forever to render.
This will actually make all objects emit a certain amount of light depending on their brightness. For example, a stone wall will not make any noticeable light, but a bright white ball (a light bulb) will act as a omni light. I use this in almost all my renders to achieve a more realistic scene.
That shader glow thing isn't what he wants I think. To add it though, open the attributes of the material, and under the special effects menu you just increase the value from 0. That does not make the object a light though, it adds a glow to the object in post (after the render), and so it does no make any actual light. .... i might be thinking of some other glow thing, soulty's way might work as well
I will start my subway soon guys! I love the entries so far! Keep it up!
Cheers!
3dnirvana
This will actually make all objects emit a certain amount of light depending on their brightness. For example, a stone wall will not make any noticeable light, but a bright white ball (a light bulb) will act as a omni light. I use this in almost all my renders to achieve a more realistic scene.
That shader glow thing isn't what he wants I think. To add it though, open the attributes of the material, and under the special effects menu you just increase the value from 0. That does not make the object a light though, it adds a glow to the object in post (after the render), and so it does no make any actual light. .... i might be thinking of some other glow thing, soulty's way might work as well
I will start my subway soon guys! I love the entries so far! Keep it up!
Cheers!
3dnirvana
crazyghoda
01-30 02:15 PM
Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
more...
nk2007
07-18 12:34 PM
Some of you have been concerned about my post regarding the rejection of some applications received on July 2nd. I've been checking and it seems to be true that some cases were sent back that day. Apparently, the number of cases sent back is small, however, so that is good news. And you should have received the case back by now if you're in that group. For everyone else, the way you will likely find that your case is being processed will be if the check is cashed. I would give this a few days and keep checking with the bank to see if the payment has cleared and this will be a lot faster in all likelihood than waiting on a receipt. Obviously, check with your lawyer on this.
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vin13
03-03 12:02 PM
We have been successful in arranging tickets for a couple of individuals.
Thanks for the donors of air tickets and air miles. We can still use some more air miles if some one has closer to 20K-25K air miles.
Please PM me if anyone wishes to donate air miles.
Thanks
Thanks for the donors of air tickets and air miles. We can still use some more air miles if some one has closer to 20K-25K air miles.
Please PM me if anyone wishes to donate air miles.
Thanks
more...
BharatPremi
03-17 04:45 PM
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
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abhijitp
07-23 07:13 PM
I just asked my lawyer and heard the same thing. Now I am being asked where I got this info from:p Does anyone know the URL to a document that says Employment Letter is a MUST and that your AOS can be denied for not submitting it?
Got the answer on the previous page. Thanks fcres!
http://immigrationvoice.org/forum/showthread.php?p=129722#post129722
Got the answer on the previous page. Thanks fcres!
http://immigrationvoice.org/forum/showthread.php?p=129722#post129722
more...
sreedhar
03-16 12:51 PM
My Friend...Applied his Labor on EB-2 in MAR 2005. His labor approved and applied I-140 & I-485 in AUG 2007. His I-140 Got approved. He said his lawyer accidentally filed his I-140 in EB-3. Because his I-140 approved notice Type has the message like "Skilled Worker or Professional, Sec. 203(b) (3) (A) (i) or (ii)". Is this is true....? Thanks for early reply.
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HereIComeGC
04-24 08:52 AM
Congratulations Googler! Keep in touch with your words of wisdom!
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prinive
04-07 04:43 PM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
PD Sep 2001
EB3 India.
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piyu7444
01-30 09:24 PM
Before I answer your questions, I have couple of them -
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
more...
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sweet23guyin
01-16 05:10 PM
As a consultant, I go through similar experience every other year/project. With family growing, I can't digest myself in full time job and settling down in my own house!
Nice post though, with good sense of humor and timing; interesting subject for a documentary
Nice post though, with good sense of humor and timing; interesting subject for a documentary
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reddymjm
10-15 01:31 PM
do that and as a backlash, the PDs will go back to 1800! after that even if u send the whole garden they won't be current again:D
I hate flower campaigns. If we do one more for sure it will go to 1900 if not 1800.
I hate flower campaigns. If we do one more for sure it will go to 1900 if not 1800.
more...
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nojoke
03-01 04:03 AM
Commodity prices like crudeoil,steel,wood used in construction are at lowest since a decade.The commodity prices will not go back to 2006 levels not in near future,so already constructed houses have lost almost 70% value in them.Bail out or another help will not sort this issue.Only free market has to solve the issue.For housing to get to 2006 levels there should be huge housing boom in China,India where they have huge populations.People in India are poor so they cant afford a house even if they want one.China wont spend they are intersted in buying US treasuries.So the only option for the bank is to write off these houses.Govt help for home owners will be only a drop in the ocean.
Very true
Very true
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mnq1979
08-21 09:46 AM
Well consult a attorney and discuss with him. Your case looks complicated to me, i would suggest you to get a good attorney to sort this mess.
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ronhira
03-11 11:13 PM
now looks like dates would move only after july..
which year?
which year?
nojoke
10-20 06:34 PM
I missed on some of the conversation here
- '92-'00 was a good economic time because of the dot com boom.
It happened because of Al Gore and policies of Clinton
- the repubs were in charge of the house and senate, and they helped in part to frame/pass the policies during that time.
I thought they are in charge till 2006? So what got changed from 1992-2000 and from 2000-2006?
- the housing sector debacle started in the clinton era, when the dems pushed the fannie may & freddie mac to lower the lending standards to give loans to the people who couldn't afford it. though it sounded like a good objective they all knew that at one point it would boomerang.
This credit problem was caused by not only Fannie/Freddie but due to deregulation of banking and finance sector that started from Regan era. Republicans are so proud of deregulation.
- the dems did that for their own purposes:
1. to gain the support of the lower income/middle income population which they did.
And for Bush to be proud of the ownership society that he bragged about in 2004.
2. to fatten their own wallets-they changed the compensation rules so that the more they loan out the more their compensation. the dem guy in charge of the loaning agencies earned 90 mil in 6 years.
Prove.
3. the top two beneficiaries of contribution from fm/fm were guess who chris dodd & barck obama (barack got 130K in just 3 years). not to mention the favorable interest rates on their mortgage loans.
Not True. The employees of the firm gave to obama campaign. Companies are prohibited by law from giving donations. On the otherhand
The New York Times has published a separate list looking at contributions from "directors, officers, and lobbyists for Fannie Mae and Freddie Mac" for the 2008 campaign cycle. That list � using figures from the Federal Election Commission � shows McCain receiving $169,000, while Obama received only $16,000.
- the US has prospered so far because of its capitalistic philosophy. it has advanced innovation, and entrepreneurship, because innovators know they'll be compensated for their hardwork. barack recently claimed he want's to spread the wealth around which is a socialist philosophy...you've seen that in the communist countries (no growth, poverty, and low standards).
FOX news talking point. He meant tax the rich to give tax break for the middle class. If you are super rich then I understand your anger.
Unregulated capitalism will cause serious trouble. We just found that out.
[/QUOTE]
- barack has had no accomplishment at all...no executive decision made, no major legislation (bills) introduced or passed (let alone through bipartisan efforts). so all of a sudden to assume he's going to bring change is ridiculous. hillary would have made a better president of course the press decides/controls everything now.
It is leadership skills. Not the most experienced skill that is needed. He obviously has the skills since he defeated the great clintons.
- look at the huge spending plan he has (free giveaways to everybody)...to fund that he'll tax you and I (take away whatever money we've saved).
FOX news talking points. He said he will give tax cut for middle class. Moreover McCain's spending plan is will have a deficit of 1trillion compared to 750billion from obama's plan. Google.
- he's ambiguous on everything...he changed his initial position on almost everything, and not just once (again according to the audience)
FOX news talking point again. No proof. McCain said economy fundamentally good then bad, he has a long list. I don't have time http://www.bi30.org/wordpress/flipflopper.htm
I don't think we need to go thru all this again. all i care now is my gc, and I don't think obama is for it. even if he says he's for it, you can't trust him. he'll change his position when it becomes unpopular.
again be rational in your thinking.
p.s with the limited time I had I wrote all this...so don't pounce on any gramatical errors (of course the dems like to do that).
- '92-'00 was a good economic time because of the dot com boom.
It happened because of Al Gore and policies of Clinton
- the repubs were in charge of the house and senate, and they helped in part to frame/pass the policies during that time.
I thought they are in charge till 2006? So what got changed from 1992-2000 and from 2000-2006?
- the housing sector debacle started in the clinton era, when the dems pushed the fannie may & freddie mac to lower the lending standards to give loans to the people who couldn't afford it. though it sounded like a good objective they all knew that at one point it would boomerang.
This credit problem was caused by not only Fannie/Freddie but due to deregulation of banking and finance sector that started from Regan era. Republicans are so proud of deregulation.
- the dems did that for their own purposes:
1. to gain the support of the lower income/middle income population which they did.
And for Bush to be proud of the ownership society that he bragged about in 2004.
2. to fatten their own wallets-they changed the compensation rules so that the more they loan out the more their compensation. the dem guy in charge of the loaning agencies earned 90 mil in 6 years.
Prove.
3. the top two beneficiaries of contribution from fm/fm were guess who chris dodd & barck obama (barack got 130K in just 3 years). not to mention the favorable interest rates on their mortgage loans.
Not True. The employees of the firm gave to obama campaign. Companies are prohibited by law from giving donations. On the otherhand
The New York Times has published a separate list looking at contributions from "directors, officers, and lobbyists for Fannie Mae and Freddie Mac" for the 2008 campaign cycle. That list � using figures from the Federal Election Commission � shows McCain receiving $169,000, while Obama received only $16,000.
- the US has prospered so far because of its capitalistic philosophy. it has advanced innovation, and entrepreneurship, because innovators know they'll be compensated for their hardwork. barack recently claimed he want's to spread the wealth around which is a socialist philosophy...you've seen that in the communist countries (no growth, poverty, and low standards).
FOX news talking point. He meant tax the rich to give tax break for the middle class. If you are super rich then I understand your anger.
Unregulated capitalism will cause serious trouble. We just found that out.
[/QUOTE]
- barack has had no accomplishment at all...no executive decision made, no major legislation (bills) introduced or passed (let alone through bipartisan efforts). so all of a sudden to assume he's going to bring change is ridiculous. hillary would have made a better president of course the press decides/controls everything now.
It is leadership skills. Not the most experienced skill that is needed. He obviously has the skills since he defeated the great clintons.
- look at the huge spending plan he has (free giveaways to everybody)...to fund that he'll tax you and I (take away whatever money we've saved).
FOX news talking points. He said he will give tax cut for middle class. Moreover McCain's spending plan is will have a deficit of 1trillion compared to 750billion from obama's plan. Google.
- he's ambiguous on everything...he changed his initial position on almost everything, and not just once (again according to the audience)
FOX news talking point again. No proof. McCain said economy fundamentally good then bad, he has a long list. I don't have time http://www.bi30.org/wordpress/flipflopper.htm
I don't think we need to go thru all this again. all i care now is my gc, and I don't think obama is for it. even if he says he's for it, you can't trust him. he'll change his position when it becomes unpopular.
again be rational in your thinking.
p.s with the limited time I had I wrote all this...so don't pounce on any gramatical errors (of course the dems like to do that).
conundrum
12-08 04:48 PM
we will have to ask for more pointed info rather than ask for all the info at once.
My suggestion is for a few of us to ask USCIS for just EB - 2 India, China and ROW and another for just EB-3 India, China and ROW. Maybe we might get a faster response that way.
My suggestion is for a few of us to ask USCIS for just EB - 2 India, China and ROW and another for just EB-3 India, China and ROW. Maybe we might get a faster response that way.