hebbar77
05-08 02:43 PM
Please contribute...
If I contribute will IV make EB2 unavailable?
If I contribute will IV make EB2 unavailable?
wallpaper Big Sean - My Last(Official
simple1
05-08 02:00 PM
CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
2011 New Music: Big Sean “My Last”
gc_check
06-08 01:42 PM
yea...you are right...it seems they are not processing anything today..
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
What is the source of the updates/information you have posted.
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
What is the source of the updates/information you have posted.
more...
Lasantha
02-06 10:30 AM
Actually You have to PHYSICALLY present in Canda for 2 years in a 5 year period since the date landed.
You have to PHYSICALLY present in Canda for 3 years in a 5 year period since the date your became PR.
You have to PHYSICALLY present in Canda for 3 years in a 5 year period since the date your became PR.
ravi98
09-09 09:12 AM
It is depressing to see that nothing has changed much since the last post in this thread in 2007!
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
more...
sina
09-19 02:41 PM
Hi...
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
2010 Big Sean Feat. Chris Brown “My
GCStatus
09-17 02:23 PM
*********************
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
Cant talk logic to you buddy. No time right now. Have fun.
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
Cant talk logic to you buddy. No time right now. Have fun.
more...
eastindia
07-21 10:45 AM
If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
hair Big Sean My Last Video Shoot
mbsac
10-18 12:06 PM
My Checks were cashed today :)
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vkrishn
08-20 03:17 PM
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
hot Big Sean (feat Chris Brown)
royus77
07-08 09:03 PM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
I can gather 100+ people from Chicago..
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
more...
house Big Sean quot;My Lastquot; (Featuring
ragz4u
05-02 12:13 PM
Guys until CIR passes soft country limits Remain right? ALso a lot of us who have applied on Eb3 DO have Masters in the US, it's just that our lawyers played it safe and applied in EB3.
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
The CIR has been scheduled for debate starting May 15th (unconfirmed report made available to us). The SKIL bill has not been scheduled.
As far as passing the SKIL bill goes, it is in the same boat as the TALENT and PACE. They still need to be scheduled in spite of the PACE bill having 60 co-sponsors. Remember that the McCain Kennedy bill and Cornyn Kyl bill were proposed almost a year before they got considered.
So just want to temper everyone's expectations here. I don't think the SKIL bill will pass before the CIR. If the CIR fails, only then will the SKIL/PACE/TALENT bills gather some momentum.
Hope this helps
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
The CIR has been scheduled for debate starting May 15th (unconfirmed report made available to us). The SKIL bill has not been scheduled.
As far as passing the SKIL bill goes, it is in the same boat as the TALENT and PACE. They still need to be scheduled in spite of the PACE bill having 60 co-sponsors. Remember that the McCain Kennedy bill and Cornyn Kyl bill were proposed almost a year before they got considered.
So just want to temper everyone's expectations here. I don't think the SKIL bill will pass before the CIR. If the CIR fails, only then will the SKIL/PACE/TALENT bills gather some momentum.
Hope this helps
tattoo Album Cover. Big Sean- My Last
senthil
11-21 01:00 PM
like others mentioned. i was on shocked state for a while. still could not believe. pl find out the other options asap and get into action. GC can come and go. Don not compromise with GC and GC dream etc. Life is the most precious and un comparable one. consult more doctors here as you can or go india and get it consulted. for many this which were diagnosed as complex and un-curable, indian doctors might have easy solution. just go see them you'll be fine. I understand its easy to to suggest but pain to be in that position. On top of all these trust in GOD. We'll will pray for you.
Good luck.
Good luck.
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pictures Big Sean#39;s #39;My Last#39; the first
anzerraja
07-20 12:28 AM
Thanks Pshah !!!
Count me in for $100.
Count me in for $100.
dresses Behind The Scenes : Big Sean x
snthampi
02-02 07:21 PM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good luck to you! I am also thinking on going back in couple of years, not because of the GC backlog, but to live rest of my life with my extended family.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good luck to you! I am also thinking on going back in couple of years, not because of the GC backlog, but to live rest of my life with my extended family.
more...
makeup First single off Big Sean#39;s
BrazilianCitizen
06-07 01:26 AM
It is better to take your time and make sure everything is sound, then hurry and miss something.
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
girlfriend 98%. Big
delhiguy79
07-22 12:56 PM
Nothing at all about my US GC ... ( i just filed 485 about a year ago - this was about 3 months before that)
These are approx conversations :)
Why did you come here instead of home country ... i came here to do the landing, and thought i'll do the visa stamping as well + Regular employer/ job /education questions ...come back tomorrow to collect the passport
Mine was same employer
but u must ve mentioned on ur DS-156 that u ve filed GC ?
Also did u take ur own car or rental Car?
These are approx conversations :)
Why did you come here instead of home country ... i came here to do the landing, and thought i'll do the visa stamping as well + Regular employer/ job /education questions ...come back tomorrow to collect the passport
Mine was same employer
but u must ve mentioned on ur DS-156 that u ve filed GC ?
Also did u take ur own car or rental Car?
hairstyles Here comes Big Sean#39;s first
bigboy007
07-04 11:16 PM
May be he will good for you dude. :D
sujith1
07-30 09:10 AM
Receipt Date - July 11
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
flthere
07-21 04:00 PM
Whoever the lawmaker was who came up with the idea of allocating leftover EB4, EB-5 to EB-1 ! What? the least wanted category giving away its quota to highly deserving EB-1 ? How low can their thinking go ?
What ? the leftover EB-1 highly deserving visas given to slightly less deserving EB2 ? :)
Is there a proposal with IV to seek rethinking abt this spillover process ?
What ? the leftover EB-1 highly deserving visas given to slightly less deserving EB2 ? :)
Is there a proposal with IV to seek rethinking abt this spillover process ?
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