aau
06-27 10:17 AM
:oUSCIS has become the Cash cow of the Cash strapped US govt. We are the chickens whose feathers are being skinned.
Yep, its official. They will blindly approve all pending EADs before June 30th. How can they be so obviously greedy?
Yep, its official. They will blindly approve all pending EADs before June 30th. How can they be so obviously greedy?
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pappu
02-12 10:36 AM
You guys are doing a good job. My question is.... will 252 contributions / month be enough to support the new initiative??
Guys can each one of us get one more member this month by calling few friends ????????????????????????????????????????
Is there a way we can have access to the tel no. of non contributing members ?????????????????
The target is 1000. IV core group is not asking for funds now because we have done all we could to make our case and we have reached a ceiling. Now, it has to come from the heart of the members and if they feel we are doing the right thing they will contribute. We had all kinds of nasty posts whenever we /members started asking for contributions. Yes it will help when you call your friends. No we dont have phone numbers. Only few people put their phone numbers in their profiles. most register annonymously and a lot of nasty posts come from such members. Despite repeated requests most members have not updated their profile with contact information.
Guys can each one of us get one more member this month by calling few friends ????????????????????????????????????????
Is there a way we can have access to the tel no. of non contributing members ?????????????????
The target is 1000. IV core group is not asking for funds now because we have done all we could to make our case and we have reached a ceiling. Now, it has to come from the heart of the members and if they feel we are doing the right thing they will contribute. We had all kinds of nasty posts whenever we /members started asking for contributions. Yes it will help when you call your friends. No we dont have phone numbers. Only few people put their phone numbers in their profiles. most register annonymously and a lot of nasty posts come from such members. Despite repeated requests most members have not updated their profile with contact information.
Ramba
03-20 08:23 PM
LAR (Last action Rule) will not applicable in this case. It is applicaple only in change of status ( like H1B to H4 or L1B to H1B). Not in H1B to H1B. If you continously maintained H1B status, you are OK, as long as the H1B approval is valid employer2. Employer 1 or Employer 100 can file H1B, even without your knowledge. Therfore, you dont worry. As you were authorized for employer 2 for that period and you worked for them in that period, you are OK. Exlain them in detail with the evidence of H1B approval for employer 2 and pay stubs. Any way, consult an attorney.
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pappu
05-19 01:57 PM
Pappu,
I have helped in some other initiatives, but not donated money primarily because I was disgusted with some folks calling non-donors as free loaders. Anyway, since it is needed for our cause and our voice at this moment, I have donated $50. First time ever! Do keep up the good work that you guys always excelled at!
Thank you very much av2004 and axp817
I have helped in some other initiatives, but not donated money primarily because I was disgusted with some folks calling non-donors as free loaders. Anyway, since it is needed for our cause and our voice at this moment, I have donated $50. First time ever! Do keep up the good work that you guys always excelled at!
Thank you very much av2004 and axp817
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visacase
07-20 11:47 AM
Hi,
How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
anilsal
07-17 11:51 PM
First of let me tell you life is not fair. All BEC people everyone in this forum empathizes with you esp me since my husband is also a victm, even if they say u should have filed in PERM. I know for a lot of folks this was not a choice for you to make sometimes it is the company, lawyer, ur job situation that is the determining factor. So, please hang in there and contribute without bad mouthing IV. Maybe some of you should become a part of the core and fight for ur rights. The reason I say life is not fair bc people like my husband and I we are not in IT or work for IT consulting companies yet this whole backlog is created bc of that particular industry and abuses to the H1B system and we still suffer. Also, what happens when u work for huge companies that usually don't hire h1b but once they made the step they don't want to loose you since you are an investment for them and hence the wait 5 years to file ur GC. Again life is not fair when the business needs you to move to a different position, or downsizes and you have to start from scratch all over again. Both my husband and I are here for 10 years and are on our 8th year of H1 and this is the first time for me to file 485 with 2006 PD and his labor still has to be filed yet again in Perm. My point life is not fair but you cannot blame others. Very few people are lucky and get GC in a year or year half. If you look most people had some struggle some worse than others. Just be grateful that someone is ready to atleast listen to you and help you fight this long battle.
There has been lots of unfair events in the immigration process. Genuine cases being stuck at BEC while labor-substituted/body shopping GCs with filings from small states when no one was working there etc got away with approvals.
There has been lots of unfair events in the immigration process. Genuine cases being stuck at BEC while labor-substituted/body shopping GCs with filings from small states when no one was working there etc got away with approvals.
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prem_goel
07-27 12:31 PM
Yes, I believe you are correct. If you've used the old fee structure in July 2007, you need to pay for EAD/AP renewal each time.
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needhelp!
03-06 05:16 PM
Section 6: Time Limits for Agencies to Act on Requests Section 6 of the Open Government Act has two provisions that address time limits for complying with FOIA requests, and the consequences of failing to do so. Significantly, this section does not take effect until one year after the date of enactment and will apply to FOIA requests �filed on or after that effective date.� Accordingly, agencies have until December 31, 2008 to take any necessary steps to prepare for the implementation of this Section.
First, section 6(a) of the Open Government Act amends 5 U.S.C. � 552(a)(6)(A) which gives the statutory time period for processing FOIA requests, and includes criteria for when that time period begins to run and when that time period may be suspended or �tolled.� Specifically, section 6(a) provides that the statutory time period commences �on the date on which the request is first received by the appropriate component of the agency, but in any event not later than ten days after the request is first received by any component of the agency that is designated in the agency�s regulations under this section to receive requests.� This provision addresses the situation where a FOIA request is received by a component of an agency that is designated to receive FOIA requests, but is not the proper component for the request at issue. In such a situation, the component that receives the request in error � provided it is a component of the agency that is designated by the agency�s regulations to receive requests � has ten working days within which to forward the FOIA request to the appropriate agency component for processing. Once the FOIA request has been forwarded and received by the appropriate agency component � which must take place within ten working days � the statutory time period to respond to the request commences.
Section 6(a) further provides for those circumstances when an agency may toll the statutory time period. Specifically, an agency �may make one request to the requester for information and toll� the statutory time period �while it is awaiting such information that it has reasonably requested from the requester.� The agency may also toll the time period �if necessary to clarify with the requester issues regarding fee assessment.� There is no limit given for the number of times an agency may go back to a requester to clarify issues regarding fee assessments � which sometimes may need to be done in stages as the records are being located and processed. In both situations, section 6(a) specifies that the requester�s response to the agency�s request �ends the tolling period.�
Second, section 6(b) addresses compliance with the FOIA�s time limits by amending 5 U.S.C. � 552(a)(4)(A), the provision addressing fees. Section 6(b) adds a clause to that provision providing that �[a]n agency shall not assess search fees (or in the case of a [favored] requester [i.e., one who qualifies as an educational or noncommercial scientific institution, or as a representative of the news media] duplication fees) . . . if the agency fails to comply with any time limit under paragraph (6), if no unusual or exceptional circumstances (as those terms are defined for purposes of (6)(B) and (C), respectively) apply to the processing of the request.�
As noted in the language of the new provision, the terms �unusual circumstances� and �exceptional circumstances� are existing terms in the FOIA. �Unusual circumstances� occur when there is a need to search or collect records from field offices, or other establishments; when there is a need to search for and examine a voluminous amount of records; or when there is a need for consultation with another agency or with more than two components within the same agency. Unlike �unusual circumstances,� �exceptional circumstances� are not affirmatively defined in the FOIA, but the FOIA does provide that �exceptional circumstances� cannot include �a delay that results from a predictable agency workload of requests . . . unless the agency demonstrates reasonable progress in reducing its backlog of pending requests.� 5 U.S.C. � 552(a)(6)(C)(ii). In addition, the statute provides that the �[r]efusal by a person to reasonably modify the scope of a request, or arrange an alternative time frame for processing the request . . . shall be considered as a factor in determining whether exceptional circumstances exist.� Id. at � 552(a)(6)(C)(iii).
Section 6(b) therefore precludes an agency from assessing search fees (or in the case of �favored� requesters, duplication fees), if the agency fails to comply with the FOIA�s time limits, unless �unusual� or �exceptional� circumstances �apply to the processing of the request.�
Finally, section 6(b) amends 5 U.S.C. � 552(a)(6)(B)(ii), which discusses notification to requesters regarding the time limits and the option of arranging an alternative time frame for processing, by directing agencies �[t]o aid the requester� by making �available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency.� This provision incorporates an existing aspect of Executive Order 13,392.
The Department of Justice will be providing guidance to agencies in the near future on section 6.
First, section 6(a) of the Open Government Act amends 5 U.S.C. � 552(a)(6)(A) which gives the statutory time period for processing FOIA requests, and includes criteria for when that time period begins to run and when that time period may be suspended or �tolled.� Specifically, section 6(a) provides that the statutory time period commences �on the date on which the request is first received by the appropriate component of the agency, but in any event not later than ten days after the request is first received by any component of the agency that is designated in the agency�s regulations under this section to receive requests.� This provision addresses the situation where a FOIA request is received by a component of an agency that is designated to receive FOIA requests, but is not the proper component for the request at issue. In such a situation, the component that receives the request in error � provided it is a component of the agency that is designated by the agency�s regulations to receive requests � has ten working days within which to forward the FOIA request to the appropriate agency component for processing. Once the FOIA request has been forwarded and received by the appropriate agency component � which must take place within ten working days � the statutory time period to respond to the request commences.
Section 6(a) further provides for those circumstances when an agency may toll the statutory time period. Specifically, an agency �may make one request to the requester for information and toll� the statutory time period �while it is awaiting such information that it has reasonably requested from the requester.� The agency may also toll the time period �if necessary to clarify with the requester issues regarding fee assessment.� There is no limit given for the number of times an agency may go back to a requester to clarify issues regarding fee assessments � which sometimes may need to be done in stages as the records are being located and processed. In both situations, section 6(a) specifies that the requester�s response to the agency�s request �ends the tolling period.�
Second, section 6(b) addresses compliance with the FOIA�s time limits by amending 5 U.S.C. � 552(a)(4)(A), the provision addressing fees. Section 6(b) adds a clause to that provision providing that �[a]n agency shall not assess search fees (or in the case of a [favored] requester [i.e., one who qualifies as an educational or noncommercial scientific institution, or as a representative of the news media] duplication fees) . . . if the agency fails to comply with any time limit under paragraph (6), if no unusual or exceptional circumstances (as those terms are defined for purposes of (6)(B) and (C), respectively) apply to the processing of the request.�
As noted in the language of the new provision, the terms �unusual circumstances� and �exceptional circumstances� are existing terms in the FOIA. �Unusual circumstances� occur when there is a need to search or collect records from field offices, or other establishments; when there is a need to search for and examine a voluminous amount of records; or when there is a need for consultation with another agency or with more than two components within the same agency. Unlike �unusual circumstances,� �exceptional circumstances� are not affirmatively defined in the FOIA, but the FOIA does provide that �exceptional circumstances� cannot include �a delay that results from a predictable agency workload of requests . . . unless the agency demonstrates reasonable progress in reducing its backlog of pending requests.� 5 U.S.C. � 552(a)(6)(C)(ii). In addition, the statute provides that the �[r]efusal by a person to reasonably modify the scope of a request, or arrange an alternative time frame for processing the request . . . shall be considered as a factor in determining whether exceptional circumstances exist.� Id. at � 552(a)(6)(C)(iii).
Section 6(b) therefore precludes an agency from assessing search fees (or in the case of �favored� requesters, duplication fees), if the agency fails to comply with the FOIA�s time limits, unless �unusual� or �exceptional� circumstances �apply to the processing of the request.�
Finally, section 6(b) amends 5 U.S.C. � 552(a)(6)(B)(ii), which discusses notification to requesters regarding the time limits and the option of arranging an alternative time frame for processing, by directing agencies �[t]o aid the requester� by making �available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency.� This provision incorporates an existing aspect of Executive Order 13,392.
The Department of Justice will be providing guidance to agencies in the near future on section 6.
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njboy
06-29 09:43 PM
God bless him
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needhelp!
02-12 11:33 AM
IV will use the copies to show evidence of support during talks with WH.
I have sent letters for wife and I to WH. And will get few more through friends. What is the significance of sending the copies to IV ?
I have sent letters for wife and I to WH. And will get few more through friends. What is the significance of sending the copies to IV ?
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snathan
08-20 09:14 PM
Why dont we teach her a lesson...file mass complain and make her realise her mistake. May be 10-20 complains would do the trick.
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vbkris77
03-05 10:01 AM
I don't know if we stand a chance to define anything here. But if it is requested, I guess, they should give it. But help with Sorting, Are we asking them the actual list or just aggregate numbers?
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delax
07-15 04:40 PM
good post but The regular quota for EB2 and EB3 is only about 9,800(7% of 140k visas) each
I dont think it is 9,800 each. I think it is 9,800 combined - 7% of 140K. To that extent the 21500 number in my earlier post stands revised down to 17,700.
I dont think it is 9,800 each. I think it is 9,800 combined - 7% of 140K. To that extent the 21500 number in my earlier post stands revised down to 17,700.
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mshelat
06-07 01:01 PM
That doesn't mean nothing is being done. I am continuing to do a lot of work on this, but there is nothing new to post right now.
To date I have been able to get every newspaper in the country to do stories on this, as well as three scathing editorials in the NY Times, LA Times, and Mercury News, all of which slammed the government for its action.
I have worked with the staff of a member of Congress to ensure that house representatives were aware of the issue.
As a result, the house of representatives unanimously passed the HEART Act giving stimulus payments to affected soldiers overseas.
I have been able to get an important legal organization to review and research the topic for possible litigation.
I would love to go over the legal details with you, but it is not prudent to give too much detail here right now.
And finally, I have been corresponding with immigrants like you providing advice and updates on the situation.
I am not sure what more you expect.
You have been doing a great job. Please keep it up. Have a nice weekend and relax.
To date I have been able to get every newspaper in the country to do stories on this, as well as three scathing editorials in the NY Times, LA Times, and Mercury News, all of which slammed the government for its action.
I have worked with the staff of a member of Congress to ensure that house representatives were aware of the issue.
As a result, the house of representatives unanimously passed the HEART Act giving stimulus payments to affected soldiers overseas.
I have been able to get an important legal organization to review and research the topic for possible litigation.
I would love to go over the legal details with you, but it is not prudent to give too much detail here right now.
And finally, I have been corresponding with immigrants like you providing advice and updates on the situation.
I am not sure what more you expect.
You have been doing a great job. Please keep it up. Have a nice weekend and relax.
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yabadaba
03-05 02:42 PM
needhelp...maybe instead of country of chargeability we should ask for grouping by country of birth; this is an actual field required in the I-485 form.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
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irma05
02-26 04:09 PM
Hi !!
3 more letters to Bush & IV;)
3 more letters to Bush & IV;)
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boreal
07-06 12:37 AM
Everbody's posts here are speculations on what USCIS will do to I-485's filed on or after July 2. Everybody is trying to get an answer from USCIS. You called and got an answer DIRECTLY from USCIS which you doubt and don't believe. So what you want is for people here, who can only come up with speculations as to what USCIS's action would be, to confirm what USCIS already told you???
Geez.....you definitely need a brain check.
Be good to others please! Dont have to be mean!
Geez.....you definitely need a brain check.
Be good to others please! Dont have to be mean!
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vban2007
06-26 10:40 AM
CORE Please guide us and let us know if we need to talk to call senetors or send faxes etc..
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nyte_crawler
03-14 10:19 AM
Agreed. I think there are people like myself whose PD is in 2002 and are eligibile to move to EB2 after finishing advanced degrees and adding another 5 years of experience during the process.
It�s good that at least some of us are getting VISAs, instead of VISAs being lost.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
It�s good that at least some of us are getting VISAs, instead of VISAs being lost.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
rweworld1
06-11 06:02 AM
Hi,
As July visa bulletin indicate/predicted that for EB2-I it might reach up to March or April 2006 in FY2010.
Is FY2010 is Jan to Dec 2010 or FY2010 ends at Sep 2010 for USCIS? My PD is Mar2006 Do I have to wait till Sep/OCT 2010 or till end of 2010 i.e. Dec?
What is USCIS's Fiscal Calendar / Jan to Dec or Sep to Oct?
I'm planning to go back to India so just wants to see, should I wait for 3-4 month more or it's going to be end of this year?
Thanks a ton,
RW
As July visa bulletin indicate/predicted that for EB2-I it might reach up to March or April 2006 in FY2010.
Is FY2010 is Jan to Dec 2010 or FY2010 ends at Sep 2010 for USCIS? My PD is Mar2006 Do I have to wait till Sep/OCT 2010 or till end of 2010 i.e. Dec?
What is USCIS's Fiscal Calendar / Jan to Dec or Sep to Oct?
I'm planning to go back to India so just wants to see, should I wait for 3-4 month more or it's going to be end of this year?
Thanks a ton,
RW
seahawks
09-07 06:30 PM
My wife and me are coming all the way from Seattle. We are so proud to be part of the Rally. After being a victim of back log center, retrogression, filing 485 was a relief. However there are long ways to go, we think about the the people who are just filing the labor, people who are still stuck in backlog centers, and probably our 485 application who knows may be stuck in name check, the whole GC process is flawed. I have been a member a long time, now I get to meet all of you! I appreciate each of you guys who volunteer and spend selfless hours in support of a cause that is critical for anyone aspiring to be a legal permanent resident! The best way to thank everyone is to SHOW UP!
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