same_old_guy
07-09 04:38 PM
newbee7 is right.
Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !
Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.
Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.
Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.
Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.
Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !
Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.
Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.
Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.
Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.
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gcdreamer
03-02 12:01 AM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
Rakson
03-17 04:40 PM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
>>>Check your Perm Labor Section F column 2
My Question is>>
My case was filed using labor substitution. How can I find this info?
Thanks!
Rakson.
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
>>>Check your Perm Labor Section F column 2
My Question is>>
My case was filed using labor substitution. How can I find this info?
Thanks!
Rakson.
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rpulipati
09-26 11:06 AM
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
Actually, I think participating in the debate to present the other point of view (as in 'foreign workers are good for the US economy') is a good thing to do. Giving the forum out to the antis is a good way to make sure Durbin gets his message reaffirmed. Well, that's all true, unless you are one of those people who likes to yell 'Close the door!' right after they get in.
I support H1-B's and please continue in the debate for H1-B's.
Actually, I think participating in the debate to present the other point of view (as in 'foreign workers are good for the US economy') is a good thing to do. Giving the forum out to the antis is a good way to make sure Durbin gets his message reaffirmed. Well, that's all true, unless you are one of those people who likes to yell 'Close the door!' right after they get in.
more...
sandiboy
07-23 05:42 PM
I saw a guy on who mailed appln on Jun 27th & got receipt notice for 07/18. Does it mean we are close and should expect some guys to get notices this week for Jul 2 cases ??
faqua India 11/01/2003 Nebraska EB2 06/27/2007 06/28/2007 07/18/2007
faqua India 11/01/2003 Nebraska EB2 06/27/2007 06/28/2007 07/18/2007
BharatPremi
03-13 11:00 AM
I am going through the process of changing job. My new company says they are fond of EAD. But I am asking for H1 transfer. So they are saying if I want H1 transfer I can do so at my cost. Interesting!!!!
If your are awarded with that option, better use it to maintain H1.
If your are awarded with that option, better use it to maintain H1.
more...
jamesbond007
02-19 03:06 PM
Instead of opposing it for fear of application deluge, why not ask for a clause that says applications should be adjudicated within a certain timeframe?
And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.
May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.
There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
It is really sad to see opposition to this proposal just because it did not include every one.
And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.
May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.
There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
It is really sad to see opposition to this proposal just because it did not include every one.
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abhijitp
07-24 04:09 PM
USCIS has released a press release July 23, 2007. Check QUESTION 13
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
more...
vandanaverdia
09-10 05:48 PM
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Canuck
02-14 08:15 PM
maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
more...
maddipati1
07-11 10:12 PM
the current 485 processing dates for both NSC and TSC are in July'07.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
and now VISA numbers are available.
also, i heard abt namecheck ruling, they will give u GC even if ur 485 is stuck in namecheck, which was worst way of getting stuck for lot of guys.
so, every EB2-I with a PD before 01JUN06 will get a GC shortly.
140 pending, RFE, clerical error cases are exception to this.
these guys will definetely get GC in OCT'08.
surely they will make EB2-I unavailable in next month, coz, there are no more VISA #s available for this year,
but in OCT they will resume from 01JUN06 minus 'the guys whose PD is before 01JUN06 and their application processing is completed (140 approved, satisfied RFE etc ) '
it looks all good for EB2-I guys have fun.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
and now VISA numbers are available.
also, i heard abt namecheck ruling, they will give u GC even if ur 485 is stuck in namecheck, which was worst way of getting stuck for lot of guys.
so, every EB2-I with a PD before 01JUN06 will get a GC shortly.
140 pending, RFE, clerical error cases are exception to this.
these guys will definetely get GC in OCT'08.
surely they will make EB2-I unavailable in next month, coz, there are no more VISA #s available for this year,
but in OCT they will resume from 01JUN06 minus 'the guys whose PD is before 01JUN06 and their application processing is completed (140 approved, satisfied RFE etc ) '
it looks all good for EB2-I guys have fun.
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Indirant
01-31 08:22 PM
Hi,
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
more...
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Caliber
03-10 02:58 PM
From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.
MDIX: I wish your forecast come true. But if you followed the thread, most of 2001/2002/2003 did not even have soft LUD's. While I agree that USCIS is working on EB3 I as many got RFE's, there are many more whose cases were not touched. I gave you green.
MDIX: I wish your forecast come true. But if you followed the thread, most of 2001/2002/2003 did not even have soft LUD's. While I agree that USCIS is working on EB3 I as many got RFE's, there are many more whose cases were not touched. I gave you green.
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kiran24
06-10 04:05 PM
sent it.
more...
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mariner5555
02-14 06:31 AM
Canuck,
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
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nb_des
03-17 01:20 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
more...
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alex99
07-11 07:35 PM
EB3 PERM
Labor Filed: August 27th 2006
I-140 filed at NSC on 12th November
Still waiting for approval
Sent 485 App to NSC on July 2nd....
Regards,
Alex
Labor Filed: August 27th 2006
I-140 filed at NSC on 12th November
Still waiting for approval
Sent 485 App to NSC on July 2nd....
Regards,
Alex
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CADude
02-21 11:19 AM
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
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perm2gc
01-17 01:34 PM
http://groups.yahoo.com/group/immigrationforum/
http://groups.yahoo.com/group/immigration-usa/
http://groups.yahoo.com/group/immigration-usa/
aries22
07-05 10:26 AM
Core is putting their time and mmoney and doing this all for everybody
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
coopheal
03-20 11:31 AM
I work for a very reputed company. Lawyers filed EB3 because it was easy for them. At that time everything was current and nobody really cared about EB2/EB3.
Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,