bharani
10-17 11:08 AM
Just mailed the letter.
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pappu
07-24 10:56 AM
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
bindas74
02-21 12:29 PM
if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
Hi,
Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??
-THanks
Hi,
Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??
-THanks
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thomachan72
05-26 05:00 PM
The point, like ACLU said, is : People should not be stopped/searched/questioned for no reason. It must be done only in response to a suspicious activity.
This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
I completely agree. This is supposed to be the most advance nation on earth. If we show the drivers lisense and give them the social security number, shouldn't they be able to see whether we are legal or not? Carrying the I-94 is a possibility but it is not a picture ID. I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time. I understand such requirements for B1/B2 who dont establish residence and are either in a hotel / somebody elses apartment. The bottom line is, "times are bad and they are looking for somebody to direct all their anger and unfortunately it is us that they have chosen". I still dont understand the logic behind this. Americans hate people comming here to work but appreciate people staying in their own country and producing cheap goods to be marketted here. There is also this quite ridiculous situation with the drivers lisense, right? most states we have to retake the whole damn test, yes computer and the acutal driving test, each year when we renew the H1b!! Interesting way the past immigrants treat the future immigrants!!
This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
I completely agree. This is supposed to be the most advance nation on earth. If we show the drivers lisense and give them the social security number, shouldn't they be able to see whether we are legal or not? Carrying the I-94 is a possibility but it is not a picture ID. I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time. I understand such requirements for B1/B2 who dont establish residence and are either in a hotel / somebody elses apartment. The bottom line is, "times are bad and they are looking for somebody to direct all their anger and unfortunately it is us that they have chosen". I still dont understand the logic behind this. Americans hate people comming here to work but appreciate people staying in their own country and producing cheap goods to be marketted here. There is also this quite ridiculous situation with the drivers lisense, right? most states we have to retake the whole damn test, yes computer and the acutal driving test, each year when we renew the H1b!! Interesting way the past immigrants treat the future immigrants!!
more...
spulapa
08-10 01:53 PM
lets do something about it....!!
We need a lot of support from different members irrespective what category they are from.
We need a lot of support from different members irrespective what category they are from.
chanduv23
12-26 04:02 PM
Dubai - no issues without valid stamp
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
more...
amitjoey
08-15 04:01 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
That was expected.
That was expected.
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REEF�
03-13 12:15 AM
Daayummmm @ ThirdWorldMan. That render looks crispy and fresh mang. You got my vote :sen:.
more...
smuggymba
07-27 08:24 AM
Really need urgent help on this. These folks are asking me to sign a 1 year contract with them. Wanted to ask if anybody has any experience with this company.
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
Dear Friend,
All this is con artistry about charging for "training". They post ads saying we have urgent business requirements for 5 Analysts but you have to attend our course....once u attend the course, on the very last at 5pm, you'll be given a sheet of paper to sign a contract, which means u have to stick with them whether u get a project or not.
Modus Operandi - If u get a project, they make money............if u don't get a proj, they are not affected since they don't pay on bench...........if u get a proj with another compnay and leave, they sue u and show u ur contract and make money.
Win win for the desi consultant, tough life for you buddy. Make an informed decision. Everyone knows how these ppl operate and still get stuck with them.
I don't want you posting in this same forum 5 months from now that I have been sued or been threatened to be sued and can I shift employers etc as I don't have a project.
Best of luck.
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
Dear Friend,
All this is con artistry about charging for "training". They post ads saying we have urgent business requirements for 5 Analysts but you have to attend our course....once u attend the course, on the very last at 5pm, you'll be given a sheet of paper to sign a contract, which means u have to stick with them whether u get a project or not.
Modus Operandi - If u get a project, they make money............if u don't get a proj, they are not affected since they don't pay on bench...........if u get a proj with another compnay and leave, they sue u and show u ur contract and make money.
Win win for the desi consultant, tough life for you buddy. Make an informed decision. Everyone knows how these ppl operate and still get stuck with them.
I don't want you posting in this same forum 5 months from now that I have been sued or been threatened to be sued and can I shift employers etc as I don't have a project.
Best of luck.
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perm2gc
12-27 12:41 AM
One more
http://classifieds.sulekha.com/bay-area/immigration/everything-else/clad.aspx?cid=1528572&nma=sfo
http://classifieds.sulekha.com/bay-area/immigration/everything-else/clad.aspx?cid=1528572&nma=sfo
more...
slowwin
06-14 09:11 AM
Email sent to both Texas US senators.
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PresidentO
02-04 11:58 AM
Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
more...
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rockstart
08-10 03:43 PM
10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement
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jsb
08-17 11:25 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD
more...
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wc_user
02-20 06:16 PM
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
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tinku01
02-20 03:02 PM
these type of posts keep you moving with this GC Process. Mine is EB2 June, I hope it would also become current in coming months.:p
more...
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FinalGC
11-22 12:45 PM
Yes you can use the old priority date. However, this is only possible if you have a copy of the old approved LC and 140.....
Clarification PD is based on the date of filing of the Labor and NOT 140.....
Clarification PD is based on the date of filing of the Labor and NOT 140.....
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diptam
07-02 07:53 PM
Ramus,
I did that in the afternoon but the GOOGLE status is showing "In Process"
is that okay ? Here are the details :-
Order Details - Jul 2, 2007 2:22 PM EDT
Google Order #669480843461078
Thx,
Diptam
Thank you.. Please ask others to contribute.
I did that in the afternoon but the GOOGLE status is showing "In Process"
is that okay ? Here are the details :-
Order Details - Jul 2, 2007 2:22 PM EDT
Google Order #669480843461078
Thx,
Diptam
Thank you.. Please ask others to contribute.
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coloniel60
08-15 04:13 PM
In fact better than expected for EB2
Nothing new. Whoever is eligible to apply in Sep has already applied except for a few unlucky people stuck in BEC.
Nothing new. Whoever is eligible to apply in Sep has already applied except for a few unlucky people stuck in BEC.
skark
03-21 05:31 PM
Well, if the poll results is in anyway reflecting real numbers out there with pre 2003 EB3-India applicants being in substantial numbers, then its gonna be a loooong wait for PD to even reach mid to late 2003! Hope its not like that and the "PD seniors" were more active in the poll than the "newcomers"!
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
lazycis
01-19 07:35 AM
Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
That was exactly my thought! I think people who say it's illegal to make a copy and provide it for other than personal use should give us a reference to the applicable law, I am not aware of the specific law regarding this. If anybody could point out the source of information, that would be great.
BTW, here is the quote from the Department of State website
http://travel.state.gov/travel/tips/emergencies/emergencies_1197.html
"If you can provide the U.S. embassy or consulate with a photocopy of your passport identification page, that will make getting a new passport easier since your citizenship and identity information would be more readily available."
That was exactly my thought! I think people who say it's illegal to make a copy and provide it for other than personal use should give us a reference to the applicable law, I am not aware of the specific law regarding this. If anybody could point out the source of information, that would be great.
BTW, here is the quote from the Department of State website
http://travel.state.gov/travel/tips/emergencies/emergencies_1197.html
"If you can provide the U.S. embassy or consulate with a photocopy of your passport identification page, that will make getting a new passport easier since your citizenship and identity information would be more readily available."