Green_Always
09-10 10:13 AM
All due to Sub Labour 485 Applications sent during July 2007.
What a wonderful system and process of USCIS where a legitimate applicant has to wait and keep on waiting..
What a wonderful system and process of USCIS where a legitimate applicant has to wait and keep on waiting..
wallpaper Withnov , his hair,miley
illusions
03-03 06:17 PM
Does any one have a best guesstimate on what the April VB will be for ROW ?
santb1975
05-22 01:33 AM
//
Fundraising Target: 50000
Total $$ so far: 19931
Recurring Contributions: 14
Members Contributed so far: 193
Members listed below helped us reach our first 10K:
gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-200, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, dba9ioracle-100,djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100, amit_sp-100, gova123-100, psvk-100, xlr8r-100, 65B4GC-100, asanghi-100, GCneeded-100, tampa2006-100, gnlbigte-50, newuser-100, deafTunes123-25, gandhig-100, srmeka-100, akred-100, gc_maine2-100, gconmymind-50, gc78-100, sirinme-100, lalithkx-100, aspiration-50, reedandbamboo-100, GreenMe-100, GreenMe-50, jnayar2006-100, wizpal-100, aubGC-100, raminmd-100, mpadapa-50, nightowl76-100, NolaIndian32-100, birbal-100, coopheal-100
Members listed below are helping us reach our second 10K:
axp817-50, ngodisha-100, preethamsp-50, pappusheth-50, niklshah-50, coopheal-100, espoir-50, JacK41-50, velan-50, sk298-100, ak_2006-100, snowshoe-50, m306m-50,new_horizon-100,ho_gaya_kya-50,sundar-1000,continuedprogress-100,rongha_2000-100,cmdline-100,imv77-100,justwait-50,kvrr-50,conchshell-100,npperi-100,for_gc-100,sam2006-100,pyar555-100,tcsonly-100,axp817-50,GTGC-100,arbhaat-100,GC4All-100,dagu1234-50,ramaonline-50,mohmd1-100,wantgc23-100,mohan_ada-100,psam-100,nil-100,askbz1-100,hsshah-50,everwaiting-100,swamy-100,reddymjm-50,abqguy-25,ca_immigrant-50,elaiyam-100,waiting4gc-100,vdlrao-100,tampa2006-100,vasu-100,ashkam-100,skk2004-100,mpadapa-100,msaheb-100,gconmymind-50,pnagar-100,grupak-100,rameshk75-50,minimallist-100,Green.Tech-100,srkamath-100,mbartosik-100,ak_2006-100,helix-100,gc_freedom-100,gclabor07-100,danu2007-100,smmakani-100,srinivos-100,wandmaker-50,jimytomy-100,akp22-100,vadicherla-100,dcvideo-100,amsgc-100,govindk-100,cpbaherwani-100, zappy-500,rpchalasani-100,Green.Tech-50,ek_bechara-100,NolaIndian32-25,jayZinDC-100,ashokmohan-100,ramaonline-100,pointlesswait-50,weshallovercome-50,rpOlol-100,dingdong12-100,prashanthg-100,coopheal-100,vikramark-100,Amma - 100,m306m-50,wandmaker-50,santb1975-50
Members listed below signed up for recurring contributions in this drive:
snathan-50,gcfordesi-50,sammyb-50,eastwest-50,loti_gc-50,naidu2543-50,mpadapa-50,firhill-50,dslamba-50,manojp4-50,ncrtpmay2004-50,gclabor07-25,kevinkris-50,nc14-50
Fundraising Target: 50000
Total $$ so far: 19931
Recurring Contributions: 14
Members Contributed so far: 193
Members listed below helped us reach our first 10K:
gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-200, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, dba9ioracle-100,djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100, amit_sp-100, gova123-100, psvk-100, xlr8r-100, 65B4GC-100, asanghi-100, GCneeded-100, tampa2006-100, gnlbigte-50, newuser-100, deafTunes123-25, gandhig-100, srmeka-100, akred-100, gc_maine2-100, gconmymind-50, gc78-100, sirinme-100, lalithkx-100, aspiration-50, reedandbamboo-100, GreenMe-100, GreenMe-50, jnayar2006-100, wizpal-100, aubGC-100, raminmd-100, mpadapa-50, nightowl76-100, NolaIndian32-100, birbal-100, coopheal-100
Members listed below are helping us reach our second 10K:
axp817-50, ngodisha-100, preethamsp-50, pappusheth-50, niklshah-50, coopheal-100, espoir-50, JacK41-50, velan-50, sk298-100, ak_2006-100, snowshoe-50, m306m-50,new_horizon-100,ho_gaya_kya-50,sundar-1000,continuedprogress-100,rongha_2000-100,cmdline-100,imv77-100,justwait-50,kvrr-50,conchshell-100,npperi-100,for_gc-100,sam2006-100,pyar555-100,tcsonly-100,axp817-50,GTGC-100,arbhaat-100,GC4All-100,dagu1234-50,ramaonline-50,mohmd1-100,wantgc23-100,mohan_ada-100,psam-100,nil-100,askbz1-100,hsshah-50,everwaiting-100,swamy-100,reddymjm-50,abqguy-25,ca_immigrant-50,elaiyam-100,waiting4gc-100,vdlrao-100,tampa2006-100,vasu-100,ashkam-100,skk2004-100,mpadapa-100,msaheb-100,gconmymind-50,pnagar-100,grupak-100,rameshk75-50,minimallist-100,Green.Tech-100,srkamath-100,mbartosik-100,ak_2006-100,helix-100,gc_freedom-100,gclabor07-100,danu2007-100,smmakani-100,srinivos-100,wandmaker-50,jimytomy-100,akp22-100,vadicherla-100,dcvideo-100,amsgc-100,govindk-100,cpbaherwani-100, zappy-500,rpchalasani-100,Green.Tech-50,ek_bechara-100,NolaIndian32-25,jayZinDC-100,ashokmohan-100,ramaonline-100,pointlesswait-50,weshallovercome-50,rpOlol-100,dingdong12-100,prashanthg-100,coopheal-100,vikramark-100,Amma - 100,m306m-50,wandmaker-50,santb1975-50
Members listed below signed up for recurring contributions in this drive:
snathan-50,gcfordesi-50,sammyb-50,eastwest-50,loti_gc-50,naidu2543-50,mpadapa-50,firhill-50,dslamba-50,manojp4-50,ncrtpmay2004-50,gclabor07-25,kevinkris-50,nc14-50
2011 Miley Cyrus has naturally
Wallpaper%2525252525252B2.JPG "miley cyrus hair straight.")
p7810456
02-08 05:04 PM
Guys
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
why is it a good thing?
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
why is it a good thing?
more...
paskal
07-20 02:27 PM
this is not over
this might just be an opening salvo.
these things usually get negotiated behind the scenes.
things of note in this event:
1. we garnered 55 votes in support, in any up and down vote we win.
2. Durbin was the man again...that derailed us.
this might just be an opening salvo.
these things usually get negotiated behind the scenes.
things of note in this event:
1. we garnered 55 votes in support, in any up and down vote we win.
2. Durbin was the man again...that derailed us.
.jpg "hurricane, Miley")
needhelp!
03-12 03:19 PM
no, i am not going to switch to defensive mode. this is not about me.
OK, then who are you trying to include?
OK, then who are you trying to include?
more...
slammer
07-11 07:09 AM
I couldn't believe this. Wonderful news. Thanks
Yes, you're right, for you it's really great news ! Congratulations !!!
Rita
Yes, you're right, for you it's really great news ! Congratulations !!!
Rita
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mukraw6
09-24 02:30 PM
VPARAM, can you pls tell me the procedure/process of opening a company? You can PM me if you want pls.
more...
Macaca
09-14 08:57 PM
A Little-Known Group Claims a Victory on Immigration (http://immigrationvoice.org/forum/showpost.php?p=113489&postcount=730) By ROBERT PEAR (rpear@nytimes.com) | New York Times, July 15, 2007
How Conservatives Enhanced Online Voice (http://immigrationvoice.org/forum/showpost.php?p=98681&postcount=598) - Talk Radio Blends With Blog Postings To Boost Message By JUNE KRONHOLZ (june.kronholz@wsj.com ) and AMY SCHATZ (Amy.Schatz@wsj.com) | The Wall Street Journal, July 3, 2007
Immigration bill ignites grass-roots fire (http://immigrationvoice.org/forum/showpost.php?p=89612&postcount=461) The conservative group NumbersUSA has seen its numbers skyrocket. Activists pressure wavering senators By Nicole Gaouette (nicole.gaouette@latimes.com) | Times Staff Writer, June 24, 2007
Grass Roots Roared and Immigration Plan Collapsed By JULIA PRESTON (juliapreston@nytimes.com) | New York Times, June 10, 2007: 1 (http://immigrationvoice.org/forum/showpost.php?p=80626&postcount=203), 2 (http://immigrationvoice.org/forum/showpost.php?p=80627&postcount=204)
How Conservatives Enhanced Online Voice (http://immigrationvoice.org/forum/showpost.php?p=98681&postcount=598) - Talk Radio Blends With Blog Postings To Boost Message By JUNE KRONHOLZ (june.kronholz@wsj.com ) and AMY SCHATZ (Amy.Schatz@wsj.com) | The Wall Street Journal, July 3, 2007
Immigration bill ignites grass-roots fire (http://immigrationvoice.org/forum/showpost.php?p=89612&postcount=461) The conservative group NumbersUSA has seen its numbers skyrocket. Activists pressure wavering senators By Nicole Gaouette (nicole.gaouette@latimes.com) | Times Staff Writer, June 24, 2007
Grass Roots Roared and Immigration Plan Collapsed By JULIA PRESTON (juliapreston@nytimes.com) | New York Times, June 10, 2007: 1 (http://immigrationvoice.org/forum/showpost.php?p=80626&postcount=203), 2 (http://immigrationvoice.org/forum/showpost.php?p=80627&postcount=204)
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Libra
09-14 02:58 PM
thank you mdmd10 for contribution, hope to see you in DC.
Just made a 1 time contribution of $100.
Thank you for all the good work.
Just made a 1 time contribution of $100.
Thank you for all the good work.
more...
Jimi_Hendrix
12-07 09:57 AM
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
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rameshk75
01-18 11:49 PM
Check with your employer/attorney before going to the local office. They might have received your documents by now.
more...
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swo
07-06 11:06 AM
I agree with you 100%.
The material damages to would-be July filers are a travesty. That is undeniable and deserves, at the minimum, material compensation.
But making the bulletins current in the first place, instead of a making a measured movement in the priority dates was like trying to fill a glass of water with a firehose. Broken glass and severe water damage were sure to follow.
Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
The material damages to would-be July filers are a travesty. That is undeniable and deserves, at the minimum, material compensation.
But making the bulletins current in the first place, instead of a making a measured movement in the priority dates was like trying to fill a glass of water with a firehose. Broken glass and severe water damage were sure to follow.
Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
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anju
08-10 01:05 PM
Is there a way to find out if they already sent the receipt and we have not received it? My lawyer says they haven't received any receipt yet but I also think they are keen on applying more then updating us with receipts notice. I understand that. Will any one at USCIS tell us if they sent us the receipt?
-Anju
-Anju
more...
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mpadapa
06-24 02:35 PM
RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.
America stands to loose in many ways. Here is why..
A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder’s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.
Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
This leads to reverse-brain drain phenomena who's effects to the economy are well documented.
Here is couple of NFAP study about
The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Driving Jobs and innovation offshore:
http://www.nfap.com/pdf/071206study.pdf
Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.
Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.
EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.
People,
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
America stands to loose in many ways. Here is why..
A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder’s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.
Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
This leads to reverse-brain drain phenomena who's effects to the economy are well documented.
Here is couple of NFAP study about
The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Driving Jobs and innovation offshore:
http://www.nfap.com/pdf/071206study.pdf
Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.
Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.
EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.
People,
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
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susie
07-28 02:44 PM
update on case
As you know they should have answered law suit at end of May 07, then requested a further 30 days till end of Jun
Just before end of june their attorney called my attorney and said they want a resolution to case, they had little to no paperwork so requested our file which I hand delivered to Tampa on 6th July 07, so asked for another 30 days to end July
Well they have replied and agreed with 90% of our case. they say case is moot because my husband died, but my attorney says no, because they errored whilst husband was alive so irrelevant. They are also saying we cannot sue them, my attorney says there wrong
Anyway I will not bore you with all the details as I now have to do a lot of work, indexing, getting proof my son was issued an L2 visa (they are denying this), getting proof my son took steps to immigrate, which we have as he had INS medical well before his 21st
My attorney says if we win this will help so many others cases from aging out and to be strong, very hard to do at the moment.
Oh and they do not believe I am depressed, but I have the tablets and pescription to prove
And they do not believe my son is his fathers natural son, what b---tards, just cos I did not submit his birth certificate
As you know they should have answered law suit at end of May 07, then requested a further 30 days till end of Jun
Just before end of june their attorney called my attorney and said they want a resolution to case, they had little to no paperwork so requested our file which I hand delivered to Tampa on 6th July 07, so asked for another 30 days to end July
Well they have replied and agreed with 90% of our case. they say case is moot because my husband died, but my attorney says no, because they errored whilst husband was alive so irrelevant. They are also saying we cannot sue them, my attorney says there wrong
Anyway I will not bore you with all the details as I now have to do a lot of work, indexing, getting proof my son was issued an L2 visa (they are denying this), getting proof my son took steps to immigrate, which we have as he had INS medical well before his 21st
My attorney says if we win this will help so many others cases from aging out and to be strong, very hard to do at the moment.
Oh and they do not believe I am depressed, but I have the tablets and pescription to prove
And they do not believe my son is his fathers natural son, what b---tards, just cos I did not submit his birth certificate
more...
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test101
07-05 01:44 PM
I just Spoke to sentor Specter office: 202-224-4254. They were very supportive. I spoke about the revised Visa bulltien and the effect of losing nurses. They were very sympathatic . I added i know how the sentor support immigration.
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
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Jimi_Hendrix
11-05 11:46 PM
GC Soon!
Great to hear from someone in Southern California! I live in Orange County. Do you have other friends who are members on IV and in Southern California region?
Thanks,
Amit
Great to hear from someone in Southern California! I live in Orange County. Do you have other friends who are members on IV and in Southern California region?
Thanks,
Amit
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Mahatma
07-14 01:15 PM
Could you give me IV address wherein I can send my cheque?
Small is beautiful. Kaizen means small change but consistent change. It brings good results.
Thanks for doing this.
Small is beautiful. Kaizen means small change but consistent change. It brings good results.
Thanks for doing this.
vbkris77
04-30 03:04 PM
I called and left VMs, I am also reaching my contact in Senator Amy Klobuchar's office.
I will positively hear from her by Monday and I will keep you posted. I am asking her to co-sponsor the effort.
This is just in. Thanks for posting Leo07.
Please Please Please call Cornyn office right now.
I will positively hear from her by Monday and I will keep you posted. I am asking her to co-sponsor the effort.
This is just in. Thanks for posting Leo07.
Please Please Please call Cornyn office right now.
Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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