logiclife
07-06 12:13 PM
I have changed the thread title.
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yabadaba
07-11 08:52 AM
I congratulate everyone whoes PD becomes current beginning of next month. But be aware that all of this is no good until USCIS acts on it. USCIS has to match and increase their pace of processing I-140 & I-485s for people to benefit of this movement. There are thousands of people whose PD have been current since April of this year and still they see no movement on their cases. PD becoming current is just the first & crucial step in the this long process, but now it all depends on how well USCIS responds by processing cases in FIFO manner.
dude..dont rain on our parade...everyone knows the harsh realities.. i myself said earlier that only half the battle is won...but the least we deserve is one day of hope.
dude..dont rain on our parade...everyone knows the harsh realities.. i myself said earlier that only half the battle is won...but the least we deserve is one day of hope.
qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
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sukhwinderd
04-01 08:15 AM
FL stopped issuing DLs if you are on AOS (ie 485 pending) only with no backup H1/H4.
my wife got her DL extended till AP validity even though her I-94 has expired. she entered as parolee.
this is just FYI.
my wife got her DL extended till AP validity even though her I-94 has expired. she entered as parolee.
this is just FYI.
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Keeme
08-14 05:50 PM
What are you talking about?
For EB3, DOS had predicted that in the Oct. 2008 VB, dates would be reinstated to the June 2008 (not June 2007) VB dates. This means that if that is still going to be true, Oct. 2008 VB dates would be Nov 2001. Where do you get June 2003 as the EB3 VB dates?
Am I missing something here? But if your prediction is true, I will buy you dinner!!!
"""The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
For EB3, DOS had predicted that in the Oct. 2008 VB, dates would be reinstated to the June 2008 (not June 2007) VB dates. This means that if that is still going to be true, Oct. 2008 VB dates would be Nov 2001. Where do you get June 2003 as the EB3 VB dates?
Am I missing something here? But if your prediction is true, I will buy you dinner!!!
"""The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
pappu
09-12 12:17 AM
Thank you.
more...
pappu
06-10 02:11 PM
I don't follow. Are you saying that DOS is disclosing VISA bulletin to IV (core members) even before the actual date of bulletin???
NO.
NO.
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Green.Tech
06-16 02:30 PM
No contributions today?
Wake up folks!
Wake up folks!
more...
abhishek101
09-01 03:24 PM
Landed in july 2000
Changed employer in nov 2000
Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.
Started process in August 2002, Finally labor was filed in March 2003
May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(
Finally labor was approved in 2005.Got 140 approved in Jan 2006.
Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.
Got married in Nov 2008.
Company bought another company in 2008 and the merger resulted in job loss again in April 2009.
Was lucky enough again to find another job in the company.
Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.
Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.
Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.
Finally boss agreed to start the new GC in EB2 in July 2010.
Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.
Started the process with the lawyer but since it is a big company all processe take forever to begin :(
Changed employer in nov 2000
Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.
Started process in August 2002, Finally labor was filed in March 2003
May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(
Finally labor was approved in 2005.Got 140 approved in Jan 2006.
Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.
Got married in Nov 2008.
Company bought another company in 2008 and the merger resulted in job loss again in April 2009.
Was lucky enough again to find another job in the company.
Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.
Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.
Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.
Finally boss agreed to start the new GC in EB2 in July 2010.
Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.
Started the process with the lawyer but since it is a big company all processe take forever to begin :(
hair Blue Eyed Wolf
fggc
07-23 09:27 PM
Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.
anyway cheers -- go partying
I wish everyone here will get that magic email and be partying as well
anyway cheers -- go partying
I wish everyone here will get that magic email and be partying as well
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gcisadawg
02-08 07:29 PM
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
Maybe that brother's philosophy in OP's story is "Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this". That is why that brother's parents and her sister are troubling OP.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
Maybe that brother's philosophy in OP's story is "Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this". That is why that brother's parents and her sister are troubling OP.
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Green.Tech
06-12 02:28 PM
Come on guys!
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eb3_nepa
07-14 01:10 PM
Done!
Thanks Johnnybhai.
Thanks Johnnybhai.
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9years
12-10 08:00 AM
Hello 9years: Thanks for sharing the info all along. A quick question:
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
Hi AllVNeedGcPc,
Congrats on your labor approval. As already mentioned doing premium does not hurt but it will expedite the process(to my knowledge). Talk to your attorney and company. They are the one who supposed to take decision. In my case Eb2-140 approved copy has priority date of EB3. Porting request also does not hurt and it could do better. Best of luck.
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
Hi AllVNeedGcPc,
Congrats on your labor approval. As already mentioned doing premium does not hurt but it will expedite the process(to my knowledge). Talk to your attorney and company. They are the one who supposed to take decision. In my case Eb2-140 approved copy has priority date of EB3. Porting request also does not hurt and it could do better. Best of luck.
more...
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ilikekilo
04-30 05:09 PM
Some idiot gave me a red for asking for this translation...Whoever that is, please note that not all speak Hindi and I wanted to know what the poster was saying. So, go screw yourself if you don't like it.:mad::mad:
how do u know if someone gives u red?
how do u know if someone gives u red?
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she81
08-13 05:01 PM
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
Yes, but my current company is not willing to file a second EB2 case for me.
AFAIK, this can be done with little or no risk to your EB3.
Yes, but my current company is not willing to file a second EB2 case for me.
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anilsal
07-24 12:46 AM
Yeah, BEC was a great thing that happened to make everything a lottery IMHO.
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singhsa3
09-12 10:47 AM
Let is choose one, otherwise we run the risk of diluting the whole idea, I have put up a poll.
I am Ok with this idea as long as the issue doesn't get diluted.
I think everyone should send the letter in the same format though.
I am Ok with this idea as long as the issue doesn't get diluted.
I think everyone should send the letter in the same format though.
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realizeit
07-11 10:51 AM
These two could be the real reasons why they changed the dates to 2006-June-01.
1. USCIS want to utilize all available EB2 and EB1-Balance GC numbers before 2008-0ct-01. So, they moved the EB2 dates in such a way that there is enough room for obtaining approvable and valid EB2 applications.
2. They could just move the dates to somewhere at the end of 2005 instead of 2006-June to achieve the same result. But, they did this specifically to include some relief to EB2 CHINA folks as well. EB2 China backlog starts from the beginning of 2006.
3. This reason is from my imagination: USCIS is a govt organization..You know. I heard stories that corruption is there everywhere in a GOVT system. Some influential applicant needs to get the benefit and they moved the dates to June-2006. :)) HEY THIS IS NOT TRUE :)
Oh by the way, this won't last long. The month September could see an "UNAVAILABLE" EB2 or "2004-APRIL" EB2.
My heart jumps with joy, but my brain still caution the heart to wait for the official visa bulletin at DOS/USCIS website. USCIS has a trend of "correcting" the visa bulletin. Nevertheless, if the dates are really what they are published at Mumbai site, its a time for us to be happy.
EB2 looks promising, but in this moment of joy lets not forget our friends in EB3 category. Anyone whose priority date is current, please don't just move forward with your joy, and continue to support IV and our initiatives to help legal immigrants. We have suffered so much because the folks who came prior to us never bothered to support legal immigration, once they got their their GC. Please remember that after GC/Citizenship, your status in this nation depends on how active you are socially/politically.
1. USCIS want to utilize all available EB2 and EB1-Balance GC numbers before 2008-0ct-01. So, they moved the EB2 dates in such a way that there is enough room for obtaining approvable and valid EB2 applications.
2. They could just move the dates to somewhere at the end of 2005 instead of 2006-June to achieve the same result. But, they did this specifically to include some relief to EB2 CHINA folks as well. EB2 China backlog starts from the beginning of 2006.
3. This reason is from my imagination: USCIS is a govt organization..You know. I heard stories that corruption is there everywhere in a GOVT system. Some influential applicant needs to get the benefit and they moved the dates to June-2006. :)) HEY THIS IS NOT TRUE :)
Oh by the way, this won't last long. The month September could see an "UNAVAILABLE" EB2 or "2004-APRIL" EB2.
My heart jumps with joy, but my brain still caution the heart to wait for the official visa bulletin at DOS/USCIS website. USCIS has a trend of "correcting" the visa bulletin. Nevertheless, if the dates are really what they are published at Mumbai site, its a time for us to be happy.
EB2 looks promising, but in this moment of joy lets not forget our friends in EB3 category. Anyone whose priority date is current, please don't just move forward with your joy, and continue to support IV and our initiatives to help legal immigrants. We have suffered so much because the folks who came prior to us never bothered to support legal immigration, once they got their their GC. Please remember that after GC/Citizenship, your status in this nation depends on how active you are socially/politically.
asanghi
04-30 02:31 PM
Is there audio?
No audio. Just deafening silence (deafening because of high level of background noise). I thought they aren't saying anything.
No audio. Just deafening silence (deafening because of high level of background noise). I thought they aren't saying anything.
conundrum
04-30 03:17 PM
the chair person has just asked the best question of the day, about EB2 person having to wait even though the DOL has approved their case
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