
paskal
07-08 09:40 PM
140K GCs are available on Oct 1. But, dates are not current. Based on this, there appears to be a law that prevents USCIS from recieving ALL AOSs. I am guessing that this law specifies a cap on AOSs that USCIS can recieve from lawyers. (This is why I am keen on knowing conditions for setting dates in VB)
The following argues that it is hard for this cap to reach exactly on the end of every month.
It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.
only 27% of the annual quota is released Oct 1
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
The following argues that it is hard for this cap to reach exactly on the end of every month.
It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.
only 27% of the annual quota is released Oct 1
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
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gccovet
02-10 02:53 PM
Hi GCCovet,
As promised, I am contributing another $25.00 as $1000.00 has crossed.
I will again donate another $25 when we cross $2000.00
Details:
--------
Payment Sent (Unique Transaction ID #3LK7417540480844L)
Total:$25.00 USD
Date:Feb. 10, 2009
Time:11:23:38 PST
Status:Completed
Subject:Immigration Voice
Method: PayPal
Thank you Sanjay!!!
With Sanjay's additional contribution as promised, we are now at $1169.00
Thank you to all who have contributed so far... and a request to those who have not contributed yet, to please contribute.
Thank you all.
GCCovet
As promised, I am contributing another $25.00 as $1000.00 has crossed.
I will again donate another $25 when we cross $2000.00
Details:
--------
Payment Sent (Unique Transaction ID #3LK7417540480844L)
Total:$25.00 USD
Date:Feb. 10, 2009
Time:11:23:38 PST
Status:Completed
Subject:Immigration Voice
Method: PayPal
Thank you Sanjay!!!
With Sanjay's additional contribution as promised, we are now at $1169.00
Thank you to all who have contributed so far... and a request to those who have not contributed yet, to please contribute.
Thank you all.
GCCovet

Jerrome
08-15 11:55 AM
Documents Mailed : July 17th 2008
Documents Received : July 18th 2008.
EAD Approved on August 14th 2008 for me, For my spouse still pending. My EB2 PD is current.
it means no luck this time for GC, i guess
Documents Received : July 18th 2008.
EAD Approved on August 14th 2008 for me, For my spouse still pending. My EB2 PD is current.
it means no luck this time for GC, i guess
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piman2100
11-18 09:56 AM
Sent the email. Will communicate it to my friends.
more...

waitforusagc
02-24 04:34 PM
Go IV!! keep up the good work! I am sure this will make a difference.
cannot make it in person but Contributed $100 Just now.
receipt number for this payment is: 0133-2293-2397-5859.
cannot make it in person but Contributed $100 Just now.
receipt number for this payment is: 0133-2293-2397-5859.

sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
more...

acpani
08-28 12:00 PM
same boat
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andycool
08-25 06:41 AM
The Last updated date for my I -485 application is showing as 8/24/2010 now.
What does that mean ?
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
What does that mean ?
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
more...

newuser
07-20 12:18 PM
I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.
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eaglesvr
07-24 09:12 AM
Filed two EAD renewals to TSC: one on 07/06/08, another on 07/14/08.
Both included only the documents required by the filing instruction, nothing besides.
The first one was accepted, ND 8 Jul, the second returned with a request for a copy of I-485.
Added and re-sent again- no receipt yet.
Both included only the documents required by the filing instruction, nothing besides.
The first one was accepted, ND 8 Jul, the second returned with a request for a copy of I-485.
Added and re-sent again- no receipt yet.
more...

Googler
06-08 12:32 AM
I really don't understand these Attorneys. Its clearly mentioned on 485 form that ALL 485 petitions should go to NSC. period.
And as far as I know, due to awareness and the fact we all are professionals who can go to USCIS site and read the instructions in black and white, we should not just rely on this morons (attorneys.. though there are some good ones around)
If you read http://www.uscis.gov/files/pressrelease/BiSpec_063006FS.pdf, you'll see that there is a line on page 2 that specifically says "Until further notice, USCIS will not reject applications or petitions filed at an incorrect Service Center. Instead, USCIS will accept the filing, redirect it to the correct location, and honor the initial receipt date."
So if you already know that your I-485 will be adjudicated by the service center where your I-140 was processed, you just save some processing time by sending it there. See also Matthew Oh's May 14, 2007 post in which he says that USCIS may try to accelerate bi-specialization phase III in order to avoid sending massive numbers of files from the central NSC location to the locations where the I-140 processing was done.
My attorney sent my forms to TSC on June 6, 2007. Tick tock tick tock till I get the receipt notice.
And as far as I know, due to awareness and the fact we all are professionals who can go to USCIS site and read the instructions in black and white, we should not just rely on this morons (attorneys.. though there are some good ones around)
If you read http://www.uscis.gov/files/pressrelease/BiSpec_063006FS.pdf, you'll see that there is a line on page 2 that specifically says "Until further notice, USCIS will not reject applications or petitions filed at an incorrect Service Center. Instead, USCIS will accept the filing, redirect it to the correct location, and honor the initial receipt date."
So if you already know that your I-485 will be adjudicated by the service center where your I-140 was processed, you just save some processing time by sending it there. See also Matthew Oh's May 14, 2007 post in which he says that USCIS may try to accelerate bi-specialization phase III in order to avoid sending massive numbers of files from the central NSC location to the locations where the I-140 processing was done.
My attorney sent my forms to TSC on June 6, 2007. Tick tock tick tock till I get the receipt notice.
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dingudi
11-06 02:48 PM
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
Maybe we should mention to IOs next time we call that others who applied weeks after us have gotten their FP notices from our local ASC. I am not sure if it will help but worth giving it a try. There is another way I thought we can bypass the TSC IO. I am not sure if this will work but I am thinking of giving it a try if I do not get FP in the next couple of weeks.
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
Maybe we should mention to IOs next time we call that others who applied weeks after us have gotten their FP notices from our local ASC. I am not sure if it will help but worth giving it a try. There is another way I thought we can bypass the TSC IO. I am not sure if this will work but I am thinking of giving it a try if I do not get FP in the next couple of weeks.
more...
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TheOmbudsman
10-25 11:54 AM
Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them. Honestly, I wish us good luck, but I am not sure.
Ombudsman, you forgot one important point however.
If the Dems do win the house, the speaker will be a Dem. and she will set the agenda to be discussed and voted upon. Also the ranking members on the various comittees will also be Dems. Therefore they will make the decisions such as, when and how to discuss these measures in committee, when and with whom to hold congressional hearings(expert testimony), when to go to conference and which representatives to to go to conference, and so on, these things influence the legislative process as much as votes do.
The bottomline is House Republicans had a fair shot at this and decided against any changes, I can't see how them returning is going to solve a thing. Immigration is one of the few issues that the Upper House and the Pres. can agree with a democratic congress on. Issues such as Soc. Security, healthcare etc will certainly end up in gridlock as the republican strategist Ed Rollins points out.
Ombudsman, you forgot one important point however.
If the Dems do win the house, the speaker will be a Dem. and she will set the agenda to be discussed and voted upon. Also the ranking members on the various comittees will also be Dems. Therefore they will make the decisions such as, when and how to discuss these measures in committee, when and with whom to hold congressional hearings(expert testimony), when to go to conference and which representatives to to go to conference, and so on, these things influence the legislative process as much as votes do.
The bottomline is House Republicans had a fair shot at this and decided against any changes, I can't see how them returning is going to solve a thing. Immigration is one of the few issues that the Upper House and the Pres. can agree with a democratic congress on. Issues such as Soc. Security, healthcare etc will certainly end up in gridlock as the republican strategist Ed Rollins points out.
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manderson
10-16 12:18 PM
I think the major bone of contention among the legislators is what to do about the illegal immigrants currently in the country. Amnesty OR no amnsesty is the major debate. Other than that both are in a common frame of mind (in some way) one way or the other regarding - border enforcement, legal immigration, retrogression relief. Now, it looks like there is a common agreement that the skillful legal immigration issue has to be separated from the illgegal immigration related Amnesty OR no Amnesty debate. Hopefully we should see something positive in the next few months. This article seems to indicate in that direction since they have agreed upon one more item, border enforcement -
http://pubweb.fdbl.com/news1.nsf/7f4d7596b0572ba886256e3100809439/199e25ebc018639f852571fd004bb54d?OpenDocument
Last sentence in this article: "However, given the anticipated difficulty in reaching an agreement on comprehensive reform, SKIL Act supporters likely must find an alternative legislative vehicle during the lame-duck session to pass limited relief for highly-educated workers."
What alternative legislative vehicle are they talking about?
http://pubweb.fdbl.com/news1.nsf/7f4d7596b0572ba886256e3100809439/199e25ebc018639f852571fd004bb54d?OpenDocument
Last sentence in this article: "However, given the anticipated difficulty in reaching an agreement on comprehensive reform, SKIL Act supporters likely must find an alternative legislative vehicle during the lame-duck session to pass limited relief for highly-educated workers."
What alternative legislative vehicle are they talking about?
more...
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amitkhare77
08-07 03:44 PM
EAD (Renewal)
Service center: TSC
Mail Date - 31st Jul
Received - 4th Aug
Check cashed & LUD - 7th Aug
EAD Expiring - 25th Oct
Work Auth - EAD
I also filled G-28 for and sent AC21 with EAD renewal. The LUD is updated for all applications (i.e. I-485, I-140, previous I765 and I-131). Does this mean they changed the attorney representation in all previously approved cases?
Service center: TSC
Mail Date - 31st Jul
Received - 4th Aug
Check cashed & LUD - 7th Aug
EAD Expiring - 25th Oct
Work Auth - EAD
I also filled G-28 for and sent AC21 with EAD renewal. The LUD is updated for all applications (i.e. I-485, I-140, previous I765 and I-131). Does this mean they changed the attorney representation in all previously approved cases?
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jsb
12-03 03:41 PM
We all pray for Mehul. Collective prayers can be very strong.
more...
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ski_dude12
09-07 04:33 PM
We got our receipts today. Mailed out the application on the 2nd - Reached NSC on the 3rd. Receipt numbers are SRC so my case got transferred to TSC.
Receipts are coming... just hang in there.
Receipts are coming... just hang in there.
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keerthisagar
02-08 09:52 AM
going back to india is a personal decision, and each case differs. circumstances are key in this decision process. one or more members' past experience in india will not apply...
for the people who decided to go, if you want to share your decision, please do and may be post on your experience once you have reached and settled in india.
my.02c
for the people who decided to go, if you want to share your decision, please do and may be post on your experience once you have reached and settled in india.
my.02c
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khukubindu
05-05 05:13 PM
Hello,
I don't know is it the right place to post this. What will be the EB-3 ROW in the coming June Visa Bulletin. I have asked my attorney and got the following response:
Q: I am in the Rest of the world chargeability area. My category is EB-3. My priority date is July 27, 2006. Do you think that my priority date will be current in the coming June 2008 visa bulletin. The May 2008 bulletin's cutoff date in my category and chargebility is March 1, 2006.
A: Unfortunately, we have no way of knowing if your priority date will be become current next month. Sometimes the priority dates stay the same for many months, or become unavailable completely like last summer. At times, the dates may jump many months or even years. We can not speculate when your date will become current, as it is truly unpredictable
Is there any gurus who can give me an idea ?
I don't know is it the right place to post this. What will be the EB-3 ROW in the coming June Visa Bulletin. I have asked my attorney and got the following response:
Q: I am in the Rest of the world chargeability area. My category is EB-3. My priority date is July 27, 2006. Do you think that my priority date will be current in the coming June 2008 visa bulletin. The May 2008 bulletin's cutoff date in my category and chargebility is March 1, 2006.
A: Unfortunately, we have no way of knowing if your priority date will be become current next month. Sometimes the priority dates stay the same for many months, or become unavailable completely like last summer. At times, the dates may jump many months or even years. We can not speculate when your date will become current, as it is truly unpredictable
Is there any gurus who can give me an idea ?
raghav235
08-15 11:11 AM
EAD Paper Filed (EB3-India, PD Nov 2006 : For Me and My spouse)
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
Cheran
11-21 06:10 AM
I am sitting here in front of my laptop for 10 minutes, still I don't know what to say.
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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