factoryman
06-21 11:22 AM
for folks even if PD is not current, then it CF went away. Now not there for such folks.
CF only if PD is current.
Isn't concurrent filing still available?
CF only if PD is current.
Isn't concurrent filing still available?
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rajakannan
06-28 10:19 AM
Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
anai
07-19 02:20 PM
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
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eb3_nepa
02-19 12:30 PM
Guys as someone else has posted earlier, there is NO basis for asking for this.
CP was created for getting your GC if you are OUTSIDE the US. It is now being conveniently used by people within the US to circumvent certain issues and to get the process approved earlier. EAD and AP are for people WITHIN the US.
So please talk to a lawyer about finding out how to convert a CP to an AOS and you can apply for your EAD and AP. IV cannot keep adding to the list of things to ask for. This point has been stated by the core members over and over again. Currently you cannot have it both ways ie get ur GC quicker through CP AND in the meantime enjoy the interim benefits of the EAD/AP.
Whether you have contributed or not is besides the point. The contribution is to speed up the GC process not for what each individual or smaller set of individuals want for their custom needs.
BOTTOM LINES:
1) IV is fighting for the ENTIRE GC process to be faster.
2) IV Cannot keep changing its goals and what it stands for.
Sorry if this sounds harsh, but that is the way things are and have always been.
CP was created for getting your GC if you are OUTSIDE the US. It is now being conveniently used by people within the US to circumvent certain issues and to get the process approved earlier. EAD and AP are for people WITHIN the US.
So please talk to a lawyer about finding out how to convert a CP to an AOS and you can apply for your EAD and AP. IV cannot keep adding to the list of things to ask for. This point has been stated by the core members over and over again. Currently you cannot have it both ways ie get ur GC quicker through CP AND in the meantime enjoy the interim benefits of the EAD/AP.
Whether you have contributed or not is besides the point. The contribution is to speed up the GC process not for what each individual or smaller set of individuals want for their custom needs.
BOTTOM LINES:
1) IV is fighting for the ENTIRE GC process to be faster.
2) IV Cannot keep changing its goals and what it stands for.
Sorry if this sounds harsh, but that is the way things are and have always been.
more...
gcformeornot
12-07 10:31 AM
please.
pappu
05-11 02:17 PM
I have the same question. Recapture bill can be added as an amendment. Is any of IV's provisions there in the bill?
No IV provision is in the bill.
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
No IV provision is in the bill.
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
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BharatPremi
11-06 10:43 AM
Guys,
I had INFOPASS appointment today. We reached 15 minutes before scheduled time. 8101 N Stemmns Fwy - Building does not have visible number "8101" but large "Department of Homeland Security" board is easily visible. At the entrance we showed our infopass appointment letter and Guard told us to stand in a queue behind racks. I saw 2 different queues nearer to Window so curiously I asked the fellow who was right ahead of me and he told me that the queue where we stand is meant for people who have not taken appointment and other queue right across the window is meant for people who have taken an appointment. There are no sign boards for these 2 different queues. Guard misguided us so all in all we wasted 5 to 7 minutes I came out from that queue and stand in the right queue again. At the window I was asked for Driving license and purpose of the appointment. I showed driving license and told we filed AP in July, 1* but have not received it. He demanded I-131 receipts and I represented them. Then he gave us tag numbers for all family members including myself. Then we moved towards the main entrance of the bulding. Guard instructed us to remove wallet,pen, anything we had in our pockets, purse,belt etc (Cell phones are not allowed inside the building) and put in one bucket which was scanned through the machine like available on airports. We had to walk through metal detector and then took possesion of our belongings and then waited in the waiting room for approximately 15 minutes. As our tag number appears on the electronic board with assigned counter number, we went to the counter. Lady officer greeted us and asked the purpose of the appointment and again I represented infopass appointment letter and I-131 receipts and told her that I have not received our advanced parole yet although we filed on July 1*. She dived into her computer and said your all Advanced parole are already approved on 10/1*/07 (Which was the date of first (And only one) LUD on our APs) and already mailed to you so she can not issue either "Original" or "duplicate" Advanced parole. According to her I should be receiving them any day now. She herself wanted me to give me the info about EAD status without myself asking so I told her that we already received our EADs and then she asked me, do I have any question for her and I said yes, what would be our name check status and she again digged into computer.According to her my Name check is still pending and I should inquire again after 4 months by taking another infopass appointment. Upon my further digging she told me that if everything is "generally clean" then 4 months is a standard period to get name check clear so she suggested me "inquire after 4 months". According to her my family has already cleared name check.
Thanks.
I had INFOPASS appointment today. We reached 15 minutes before scheduled time. 8101 N Stemmns Fwy - Building does not have visible number "8101" but large "Department of Homeland Security" board is easily visible. At the entrance we showed our infopass appointment letter and Guard told us to stand in a queue behind racks. I saw 2 different queues nearer to Window so curiously I asked the fellow who was right ahead of me and he told me that the queue where we stand is meant for people who have not taken appointment and other queue right across the window is meant for people who have taken an appointment. There are no sign boards for these 2 different queues. Guard misguided us so all in all we wasted 5 to 7 minutes I came out from that queue and stand in the right queue again. At the window I was asked for Driving license and purpose of the appointment. I showed driving license and told we filed AP in July, 1* but have not received it. He demanded I-131 receipts and I represented them. Then he gave us tag numbers for all family members including myself. Then we moved towards the main entrance of the bulding. Guard instructed us to remove wallet,pen, anything we had in our pockets, purse,belt etc (Cell phones are not allowed inside the building) and put in one bucket which was scanned through the machine like available on airports. We had to walk through metal detector and then took possesion of our belongings and then waited in the waiting room for approximately 15 minutes. As our tag number appears on the electronic board with assigned counter number, we went to the counter. Lady officer greeted us and asked the purpose of the appointment and again I represented infopass appointment letter and I-131 receipts and told her that I have not received our advanced parole yet although we filed on July 1*. She dived into her computer and said your all Advanced parole are already approved on 10/1*/07 (Which was the date of first (And only one) LUD on our APs) and already mailed to you so she can not issue either "Original" or "duplicate" Advanced parole. According to her I should be receiving them any day now. She herself wanted me to give me the info about EAD status without myself asking so I told her that we already received our EADs and then she asked me, do I have any question for her and I said yes, what would be our name check status and she again digged into computer.According to her my Name check is still pending and I should inquire again after 4 months by taking another infopass appointment. Upon my further digging she told me that if everything is "generally clean" then 4 months is a standard period to get name check clear so she suggested me "inquire after 4 months". According to her my family has already cleared name check.
Thanks.
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sparky_jones
10-02 01:03 PM
I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
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MindGlow
04-03 08:54 AM
sent #10 & #11
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tiinap
04-08 04:35 PM
Very interesting:
They say that they will run Master's cap first, then put the leftovers into regular cap lottery pool. But it would be better for master's degree holders if they did it the other way around!
We know the master's odds are better than general pool odds. Maybe about 50% vs. 25% this year.
Think through the math! It would be more advantageous for Master's degree holders to go through the general lottery first, and only if they lose in general be put into master's lottery. Maybe there would be less than 20,000 general lottery losers with advanced degree, then there would be no need for another lottery, they would automatically get the 20,000 that's allocated for them.
Is USCIS trying to screw Master's holders on purpose, or are they just bad at math and screwed them due to ignorance?
The spirit of the whole master's cap law is to give master's holders an advantage. USCIS had a choice here of giving a small advantage (master's lottery first, then general) or big advantage (general lottery first, then master's) and they chose the smaller advantage.
The whole fact that we're here thinking about the odds, just like horsebetting, is of course ludicrous in itself.
Good luck to everyone in the lottery.
They say that they will run Master's cap first, then put the leftovers into regular cap lottery pool. But it would be better for master's degree holders if they did it the other way around!
We know the master's odds are better than general pool odds. Maybe about 50% vs. 25% this year.
Think through the math! It would be more advantageous for Master's degree holders to go through the general lottery first, and only if they lose in general be put into master's lottery. Maybe there would be less than 20,000 general lottery losers with advanced degree, then there would be no need for another lottery, they would automatically get the 20,000 that's allocated for them.
Is USCIS trying to screw Master's holders on purpose, or are they just bad at math and screwed them due to ignorance?
The spirit of the whole master's cap law is to give master's holders an advantage. USCIS had a choice here of giving a small advantage (master's lottery first, then general) or big advantage (general lottery first, then master's) and they chose the smaller advantage.
The whole fact that we're here thinking about the odds, just like horsebetting, is of course ludicrous in itself.
Good luck to everyone in the lottery.
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bkarnik
04-01 03:49 PM
Sent faxes. I called my friends and encouraged them to sign up as well. Lets see and hope for the best.
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rajeshalex
08-05 09:44 PM
PD Dec 2004 /EB2
140 pending since July 07
140 pending since July 07
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franklin
09-21 05:43 PM
Great to have you on board.
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
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wahwah
06-06 10:57 AM
i think what you're saying is not just a plausible but most likely scenario.
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
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Jaime
08-31 04:53 PM
link does not work for meStrange....Try going to ABC news and searching for the article under the "Money" section
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maddipati1
07-27 08:18 PM
BTW, great thinking.. posting the link in advance
u r a Skilled .... but keeps a lil bug in the logic :-)
S
u r a Skilled .... but keeps a lil bug in the logic :-)
S
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chumki
12-18 02:40 PM
Lazycis,
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
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vadik78
04-14 08:34 AM
so, now they have bumped up EB3 ROw, does that mean they will bump up EB2 or EB3 India next month? The fact that EB2 and EB3 India are stuck, does it mean these categories have already reached their per country annual limits?
Judging by the 1-year leap for RoW, the priority date for ROW should have being moving throughout the year. Maybe the same situation here - they just cannot count, and are going to waste some visas at the year-end.
Judging by the 1-year leap for RoW, the priority date for ROW should have being moving throughout the year. Maybe the same situation here - they just cannot count, and are going to waste some visas at the year-end.
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helloh1
01-27 01:35 PM
Jaihind...thats really unethical. Its sad to hear such experiences.
Although I cant help you...I really wish you good luck.
Although I cant help you...I really wish you good luck.
DSJ
07-17 10:12 AM
Man I-485 Texas procesing dates went back to August 07 2006
lostinbeta
02-05 04:46 PM
EG switched hosts and servers since then :-\
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