immm
07-19 01:21 PM
Cases will be processed on RD only. However approval is based on PD.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
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MDix
08-22 09:32 PM
Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
ind_game
05-13 10:51 PM
� I-140 filed 05/04/2007
� I-140 approved 09/04/2007.
� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
� I-140 approved 09/04/2007.
� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
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Green.Tech
06-17 08:17 PM
...looking for Heroes, still!
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conundrum
09-15 05:21 PM
I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!
smuggymba
08-12 12:48 PM
I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.
I agree but how will this change the world. The 2K will now be transferred to the employee; earlier employee paid 1000, now he will pay 3000. That does not solve the problem.
I agree but how will this change the world. The 2K will now be transferred to the employee; earlier employee paid 1000, now he will pay 3000. That does not solve the problem.
more...
eb3_nepa
07-05 11:51 AM
Pl create a webfax that I can send to my Senator or congresswoman. Or create a package that we can print and mail to the senators/reps.
Pappu bhai do something regarding this.
Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.
Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?
Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.
Pappu bhai do something regarding this.
Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.
Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?
Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.
2010 for your computer desktop.
h1techSlave
05-15 06:15 PM
I was trying to get the loan thru NVR Mortgage. Because of my wife's EAD status, we could not get the loan from NVR.
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
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tnite
07-11 08:02 AM
Does someone know by how many months EB2 has jumped??
little more than 2 yrs
little more than 2 yrs
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samy
03-13 12:10 PM
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
These kind of guys are joking. I saw many such posts before. They post and then wont answer subsequent questions. Just make fool of people.
EB3 _india is dead meat. It will take 5 years even for Jan 2002 PD. Forget about GC and enjoy your life. It just is not worth talking about it.
These kind of guys are joking. I saw many such posts before. They post and then wont answer subsequent questions. Just make fool of people.
EB3 _india is dead meat. It will take 5 years even for Jan 2002 PD. Forget about GC and enjoy your life. It just is not worth talking about it.
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paskal
09-11 12:34 AM
there is still time even for the rally
if not going- plenty of time :-)
guys they are shipping very quick
all i did was to use "standard" instead of regular shipping
cost me less than $2 more for 3 items
here's my deal:
ordered friday night
shipped monday morning (first working day)
in transit now and scheduled for delivery wednesday
so you can still order and get it for the rally!!!!
if not going- plenty of time :-)
guys they are shipping very quick
all i did was to use "standard" instead of regular shipping
cost me less than $2 more for 3 items
here's my deal:
ordered friday night
shipped monday morning (first working day)
in transit now and scheduled for delivery wednesday
so you can still order and get it for the rally!!!!
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Imm_Exploited
07-30 11:42 AM
USCIS - FAQ2 on I-485 Filing (http://www.uscis.gov/files/pressrelease/FAQ2.pdf) Could be of some Relief
rbhatia88
Some of the answers by USCIS to some questions on the FAQ2 could be of some relief to you.
Here are some that could be directly related to your situation:
Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.
Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status between July 2, 2007 – July 16, 2007 as a direct result of the inability to file for employment-based adjustment during that period?
A26. USCIS has discretion to consider extraordinary circumstances that are beyond the alien’s control and may forgive a short gap in status for such aliens.
Just ensure that you have proof of delivery of I-485 to the USCIS.
Sincerely - IE
rbhatia88
Some of the answers by USCIS to some questions on the FAQ2 could be of some relief to you.
Here are some that could be directly related to your situation:
Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.
Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status between July 2, 2007 – July 16, 2007 as a direct result of the inability to file for employment-based adjustment during that period?
A26. USCIS has discretion to consider extraordinary circumstances that are beyond the alien’s control and may forgive a short gap in status for such aliens.
Just ensure that you have proof of delivery of I-485 to the USCIS.
Sincerely - IE
more...
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TomTancredo
03-04 02:38 PM
Did you get to know what the RFE is about?
Its about late registered birth certificate... They want some secondary evidence...
Its about late registered birth certificate... They want some secondary evidence...
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rajuram
05-24 10:18 PM
Which bills are you talking about? I read most were dropped from Iraq funding bill that passed recently.
We are just drifting my friend..no direction..no hope....
Please contribute IVians. We need your support to lobby for the current bills which have been introduced.
My perspective on contributing to IV, is that I would gladly contribute $100 if there was a chance that I can get my gc a few months faster because of the efforts of IV.
Got GC Stress??
Contribute To IV Today!!
We are just drifting my friend..no direction..no hope....
Please contribute IVians. We need your support to lobby for the current bills which have been introduced.
My perspective on contributing to IV, is that I would gladly contribute $100 if there was a chance that I can get my gc a few months faster because of the efforts of IV.
Got GC Stress??
Contribute To IV Today!!
more...
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indio0617
03-09 11:17 AM
Sen says: should make methods, process easy for employment authorization...
They have at least steered off the illegal immig issues for now...:)
They have at least steered off the illegal immig issues for now...:)
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mrajatish
03-15 11:32 AM
Any ideas on when this hearing is?
more...
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immig4me
05-04 08:57 AM
This campaign starts at 4:00 PM EST on 29th April, 2010 and will run until the end of next week. We request all IV members to call the Senate offices listed below between 9:00 AM EST and 5:00 PM EST.
So, this Campaign runs for another 3 days, IV members need to pick up the phones and start calling. Remember, if no bill is put forth before the end of May, it will be legislatively impossible to take CIR this year.
It all boils down to, how much are we willing to help our own cause.
So, this Campaign runs for another 3 days, IV members need to pick up the phones and start calling. Remember, if no bill is put forth before the end of May, it will be legislatively impossible to take CIR this year.
It all boils down to, how much are we willing to help our own cause.
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yabadaba
07-11 12:01 PM
heres the thing..we have been talking about the 2004 hump for eb2 for a while now. if you download the perm data from 2005 you will see only 7000+ PERM approvals for India. this included a significant number of EB3 other worker categories like pipe welder, cook, etc ( i am assuming they were eb3 -other worker...correct me if i m wrong)
this was the breakdown per month for perm 2005
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
7290 - includes everybody - eb2, eb3, eb3 other workers
the whole question was the hump of 2004-march2005
ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.
this was the breakdown per month for perm 2005
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
7290 - includes everybody - eb2, eb3, eb3 other workers
the whole question was the hump of 2004-march2005
ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.
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dilvahabilyeha
07-20 10:11 AM
He did not voted
Absent! mean 'NAY', that's what earlier post says to me!
Absent! mean 'NAY', that's what earlier post says to me!
va_dude
03-04 10:06 AM
I don't think this is a pattern, its probably specific just to the lender you were working with.
Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
Try another lender and hope it works.
-va_dude
Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
Try another lender and hope it works.
-va_dude
vkannan
03-03 06:41 PM
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Buddy, you are scaring EB2 folks a bit there with your comment (including self...) anyways I truly feel ppl. who applied before me should get their GC....it doesn't matter which category they are in.....anyways buddy your profile says you have a PD in 2008, why do u say you missed 2007 fiasco???:confused:
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Buddy, you are scaring EB2 folks a bit there with your comment (including self...) anyways I truly feel ppl. who applied before me should get their GC....it doesn't matter which category they are in.....anyways buddy your profile says you have a PD in 2008, why do u say you missed 2007 fiasco???:confused:
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