Dhundhun
06-28 12:14 AM
Mine is paper based. Does anyone know how long it takes when its paper based?
If paper based, then you should wait for 90 days.
The answer to your question is that paper-based EAD got approved in 15 days also. We have so many postings and thread indicating average time to 25-30 days. But still on USCIS web site it is 90 days.
This processing is depending on service center. I think TSC is doing very fast, to the extent that many IV members are blaiming that USCIS is milking us - If they give before Jun 30 it is just for one year. Had they been not doing so fast, it would have been two years EAD.
If you get after Jun 30 you are lucky in terms of getting EAD for two years.
If paper based, then you should wait for 90 days.
The answer to your question is that paper-based EAD got approved in 15 days also. We have so many postings and thread indicating average time to 25-30 days. But still on USCIS web site it is 90 days.
This processing is depending on service center. I think TSC is doing very fast, to the extent that many IV members are blaiming that USCIS is milking us - If they give before Jun 30 it is just for one year. Had they been not doing so fast, it would have been two years EAD.
If you get after Jun 30 you are lucky in terms of getting EAD for two years.
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seeker
06-10 11:29 PM
Guys I hope that this bill doesn't come back. They seem hell bent on reviving it.
http://www.nytimes.com/2007/06/11/washington/11immig.html?ref=us
http://www.nytimes.com/2007/06/11/washington/11immig.html?ref=us
eb3retro
06-30 03:29 PM
I am one of many many and happy to see this development.
I am puzzled.
Just would like to remind you all , only couple of months back, there was a great optimizm of CIR .. but today we know it is in stalemate.
So I think this time around we should be cautious. I have a question... What is the gaurantee that this bill is not to increase H1-B alone? Sorry If I am not being optimistic here.
I request, Our web faxes clearly state why we support SKILL BILL... If I read right and remember it well, this Forums goal is to reduce retrogression/backlogs.
Now to be positive I am copying an extract that was in quotes in press release ..
“To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”
Thank you IV for your efforts.
Excellent Point. Its defenitely not in any of the employer's interest to worry about EB issues. Infact they prefer people being in H1. and I certainly do not want to support that. There are good chances that congress increase H1 quota and we end up supporting the wrong cause. As far as IV is concerned, I would even go to the extent of saying that we should not support H1 causes, as there are enough candidates in H1 here undergoing EB problems. Thanks for bringing out an excellent point regarding this bill. My opinion is, if EB issues are not stressed properly, this bill will be viewed as "INCREASE FOR H1B BILL".. my 2 cents.
I am puzzled.
Just would like to remind you all , only couple of months back, there was a great optimizm of CIR .. but today we know it is in stalemate.
So I think this time around we should be cautious. I have a question... What is the gaurantee that this bill is not to increase H1-B alone? Sorry If I am not being optimistic here.
I request, Our web faxes clearly state why we support SKILL BILL... If I read right and remember it well, this Forums goal is to reduce retrogression/backlogs.
Now to be positive I am copying an extract that was in quotes in press release ..
“To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”
Thank you IV for your efforts.
Excellent Point. Its defenitely not in any of the employer's interest to worry about EB issues. Infact they prefer people being in H1. and I certainly do not want to support that. There are good chances that congress increase H1 quota and we end up supporting the wrong cause. As far as IV is concerned, I would even go to the extent of saying that we should not support H1 causes, as there are enough candidates in H1 here undergoing EB problems. Thanks for bringing out an excellent point regarding this bill. My opinion is, if EB issues are not stressed properly, this bill will be viewed as "INCREASE FOR H1B BILL".. my 2 cents.
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gonecrazyonh4
04-06 12:11 PM
I would like to share my story with other H4 hopefuls and immigration voice.
I came to this country 2 years back. I am well qualified and had an excellent job in Bangalore with more than 4 years of experience in HR. After coming here I have not been able to get an employer to sponsor H1B Visa mainly because my skills sets are not in high demand occupation like Computers/technology but in Human Resource Management. I passed the professional certifications in HR in USA within 6 months of landing here and did get a number of job offers but was unable to take them up because I do not have an EAD.
In fact even my old company in Bangalore where I worked offered me a position here in their office and job offer is still on -provided I have a employment authorization. They are not keen to sposor H1b visa as they consider it too much of a hassle for a non tech employee.Also with the visa cap there are many hurdles to get through to get the H1B visa. Meanwhile our LC is in the backlog center and we are unable to move forward. My husband has received MBA admissions in some top schools in USA. But he had to give it up because of the GC process which seems to have now come to a stand still. When people who has come here illegally (if the bill passes) can now work legally - we who has come here legally and has followed all the rules are not given a chance to contribute to the economy and better our quality of life.
we are not going to go back -our GC is in process - so why shouldnt we be given a change to work while we wait for years for the process to be through. I feel that I have already lost my most productive years where I could have steered my career to H4 Visa rules.
I request Immigration voice to work on the issue of H4 work authorization.
I came to this country 2 years back. I am well qualified and had an excellent job in Bangalore with more than 4 years of experience in HR. After coming here I have not been able to get an employer to sponsor H1B Visa mainly because my skills sets are not in high demand occupation like Computers/technology but in Human Resource Management. I passed the professional certifications in HR in USA within 6 months of landing here and did get a number of job offers but was unable to take them up because I do not have an EAD.
In fact even my old company in Bangalore where I worked offered me a position here in their office and job offer is still on -provided I have a employment authorization. They are not keen to sposor H1b visa as they consider it too much of a hassle for a non tech employee.Also with the visa cap there are many hurdles to get through to get the H1B visa. Meanwhile our LC is in the backlog center and we are unable to move forward. My husband has received MBA admissions in some top schools in USA. But he had to give it up because of the GC process which seems to have now come to a stand still. When people who has come here illegally (if the bill passes) can now work legally - we who has come here legally and has followed all the rules are not given a chance to contribute to the economy and better our quality of life.
we are not going to go back -our GC is in process - so why shouldnt we be given a change to work while we wait for years for the process to be through. I feel that I have already lost my most productive years where I could have steered my career to H4 Visa rules.
I request Immigration voice to work on the issue of H4 work authorization.
more...
vdlrao
07-14 11:24 AM
50K + visas only for EB2 India for fiscal years 2008/2009.
mshelat
05-16 12:43 PM
There are several benefits to media coverage.
You create awareness and build alliances.
You give the other party (in this case congress) an opportunity to correct the problem.
You get reporters to do additional investigate work that may help you build a case (This has already happened).
You have an opportunity to correct public misconceptions, such as that all ITIN filers are illegal aliens, and thereby reduce the chance that the public will support such action in the future.
Wikipedia also has good interpretation of rebate and ITIN. It clearly mentions
"Taxpayers who filed their returns jointly are not eligible for payment if any of the persons on the tax return filed with an Individual Taxpayer Identification Number (ITIN) instead of a social security number.[4] For example, if a family of five had one parent with an ITIN, no money is payable to any member of the family, including US citizens with valid social security numbers.[7] As a result, many legal resident aliens and overseas military families will not receive any payment. US citizens who will not receive payments include those who have a parent or spouse who is not a citizen and who does not qualify for a social security number (not authorized to work in the United States). [8] US citizens may amend their tax returns to file separately, but in most cases this results in a lower deduction for dependents, thereby canceling any benefit from the stimulus payment. In many cases, it is better to forgo the stimulus payment than to file an amended tax return.[9] At least one million legal residents and tens of thousands of troops were affected by the law, which was designed to keep illegal immigrants from getting stimulus checks. [10]"
Wikipedia understands situation better than some of the lawmakers.
You create awareness and build alliances.
You give the other party (in this case congress) an opportunity to correct the problem.
You get reporters to do additional investigate work that may help you build a case (This has already happened).
You have an opportunity to correct public misconceptions, such as that all ITIN filers are illegal aliens, and thereby reduce the chance that the public will support such action in the future.
Wikipedia also has good interpretation of rebate and ITIN. It clearly mentions
"Taxpayers who filed their returns jointly are not eligible for payment if any of the persons on the tax return filed with an Individual Taxpayer Identification Number (ITIN) instead of a social security number.[4] For example, if a family of five had one parent with an ITIN, no money is payable to any member of the family, including US citizens with valid social security numbers.[7] As a result, many legal resident aliens and overseas military families will not receive any payment. US citizens who will not receive payments include those who have a parent or spouse who is not a citizen and who does not qualify for a social security number (not authorized to work in the United States). [8] US citizens may amend their tax returns to file separately, but in most cases this results in a lower deduction for dependents, thereby canceling any benefit from the stimulus payment. In many cases, it is better to forgo the stimulus payment than to file an amended tax return.[9] At least one million legal residents and tens of thousands of troops were affected by the law, which was designed to keep illegal immigrants from getting stimulus checks. [10]"
Wikipedia understands situation better than some of the lawmakers.
more...
fuzzy logic
08-01 05:12 PM
Any one had experience with masudafunai.com?
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spicy_guy
05-20 01:17 AM
Will not be able to make it though..
Again, I strongly suggest inviting folks from other Forums too, like Murthy, , etc.
This is for a common cause.. and many would like to join..
Guys who are active members of other forums can post this link there...
My 2 cents...
Again, I strongly suggest inviting folks from other Forums too, like Murthy, , etc.
This is for a common cause.. and many would like to join..
Guys who are active members of other forums can post this link there...
My 2 cents...
more...
Regal22
07-21 07:54 AM
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let�s get IV�s attention and support in this area. Let�s talk to AILA. Let�s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let�s write to media personnel. Let�s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let�s get IV�s attention and support in this area. Let�s talk to AILA. Let�s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let�s write to media personnel. Let�s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
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dwl800
06-30 10:27 AM
Hello ,
I found this
http://www.mercurynews.com/mld/mercurynews/business/technology/personal_technology/14903827.htm
I googled it high and low but could not find this news originating today...
:confused:
Any wise guesses by when we will know ispar or uspar (one way or another)?
Land of the free is in your head :D
I found this
http://www.mercurynews.com/mld/mercurynews/business/technology/personal_technology/14903827.htm
I googled it high and low but could not find this news originating today...
:confused:
Any wise guesses by when we will know ispar or uspar (one way or another)?
Land of the free is in your head :D
more...
walking_dude
10-04 04:11 PM
Also in Detroit India
http://www.detroitindia.com/fpdb/Discussion/ImmigrationGowda/Discussdetail.asp?Id=341
Keep it active by posting comments
http://www.detroitindia.com/fpdb/Discussion/ImmigrationGowda/Discussdetail.asp?Id=341
Keep it active by posting comments
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eb3retro
08-06 08:02 AM
whats ur country of chargeability? pls update that in your profile.
and the story unfolds....
I got biometrics notice for an appointment in the past :mad::mad::mad:
So, I made copies of the notice and put together cover leter and asked to be rescheduled for Sep.
Will call next week to follow up. In the meantime I noticed soft LUD on the date of my supposed biometrics....but the online message still says document production ordered....
Total chaos guys....:mad:
and the story unfolds....
I got biometrics notice for an appointment in the past :mad::mad::mad:
So, I made copies of the notice and put together cover leter and asked to be rescheduled for Sep.
Will call next week to follow up. In the meantime I noticed soft LUD on the date of my supposed biometrics....but the online message still says document production ordered....
Total chaos guys....:mad:
more...
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vdlrao
07-15 11:10 PM
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
Based on your calculation its 27849 additional visas + 1/3 of 9,800 (=3,266) = 31115 for EB2 India for 2008 fiscal year and the coming years ahead.
So this is almost 10 times more visas for EB2 India. So EB2 is going to be fixed for the time being.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
Based on your calculation its 27849 additional visas + 1/3 of 9,800 (=3,266) = 31115 for EB2 India for 2008 fiscal year and the coming years ahead.
So this is almost 10 times more visas for EB2 India. So EB2 is going to be fixed for the time being.
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arunmohan
03-15 02:48 AM
Group:
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
more...
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ras
09-20 09:07 PM
I read and understood the whole paragraph with both "published" and "Hidden" messages what you wanted to convey. If you do not see much activity on your state forums, why do not you take the lead to reverse the course? That would be the right direction rather than suggesting to change the skeleton. Do you blame yourself (Since you are claiming yourself a member)for not having much activity in your state level? If not then problem lies there and that is my hint to you.
Walking_Dude messages makes sense. And I guess you should take them as constructive criticism. Ofcourse agreed he could take the lead for his state chapter. However, not every can become a leader like you.
Walking_Dude messages makes sense. And I guess you should take them as constructive criticism. Ofcourse agreed he could take the lead for his state chapter. However, not every can become a leader like you.
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gconmymind
04-30 12:37 PM
and with all the pledged money at 10K, it should get us past $10.5K. Thanks all.
more...
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nave_kum
07-22 03:24 AM
07/21/2007: RFE/NOID Flexible Time Frame Rule and Need for USCIS Discretion for Pe-July 17, 2007 EB-485 Filers
July VB Fiasco was a tragic event in the American immigration history and we are grateful that the USCIS rectified the problem on July 17, 2007 by reversing its decision to deny July 2007 EB-485 applications. We do not have specific statisics on EB-485 filers from July 2, 2007 until July 17, 2007. However, for the two reasons, among others, a large number of applicants sent in EB-485 applications during the period. Firstly, they more or less anticipated that either DOS or USCIS would rectify the problems because of the potential serious flaws in their decisions. Secondly, AILF was preparing class action lawsuits and they wanted to make it sure that they took advantage of being a member of the class without actually being named as plaintiffs. One time, people thought it was a smart move and right thing to do it, even though this reporter suggested to the people to wait until August VB was released.
Currently, these early filers are literally going through nightmares, hardships, and sleepless nights because of the two reasons. The first reason is that their cases have been on hold and no Receipt Notices have been issued. The second reason is that recently the USCIS revised its rule (1) allowing the adjudicating officers to exercise a discretion and issue a RFE with the response time of less than 12 weeks and (2) to exercise a discretion to either reject or deny a petition or an application without issuing RFE when the "initial evidence" is missing in the filing. Combination of these facts is currently creating a turmoil to these filers for the two reasons. There are some filers who submitted I-140/I-485 application without a sufficient documentation in haste, for instance, medical report, or other flaws in the submitted evidence. These people are restless not knowing whether their application could be rejected or denied, indeed a truly deadly consequences. The circumstances force them to wonder whether they should refile the petition/application before August 17, 2007 not to take any chances. There are, however, two hurdles to such decision. One is the recent denial of I-140 petitions by the adjudicators if the petition was not accompanied by the "original" labor certification. The another reason is no fixed rule or policy on the filing of multiple I-485 applications. This creates a fear that their second filing may also be rejected or denied. They are thus trapped! The second victims are international travelers. If the application is either rejected or denied and they are present in the U.S., they will be able to refile it after correcting the flaws in their initial evidence before August 17, 2007. However, when they are not present in the U.S., they will be deprived of such opportunities, which may be considered "deadly." Some people are still present in the U.S. at this time, but because of business or personal emergency, they will have to travel outside of the country using their H-1B/H-4 or L-1/L-2 visa. If their cases are rejcted or denied during their absence, they will not be able to refile it timely before August 17, 2007. They are trapped again! Their act which was considered a right thing to do to one time turns out to be a nightmare. Who would have anticipated the nightmare?
We urge the USCIS to consider the following actions to relieve these applicants from the unnecesary hardship:
Under he RFE/NOID Flexible Timeframe rule, a decision to reject or deny without a RFE remains a "discretion" of the individual adjudicator in each case. This reporter proposes that considering the unusual circumstances involving the July VB fiasco and the USCIS unusual remedial action at the last minute, the USCIS exempts these filers from the rule and make it mandatory to issue RFE before rejection or denial unless the following flaws are found in the filing:
No filing fee checks or flaws in the filing fee checks
Missing signatures in the forms
Missing forms
Missing underlying certified labor certification application for I-140 petitions (either original or copy).
Should the filers decide to refile it before August 17, 2007, the USCIS should accept a copy of the certified labor certification application rather than rejection or denial of the refiled I-140 petition. In fact, it has been the INS/USCIS tradition to accept I-140 petition with a copy of the certified labor certification application inasmuch as the original was on file with the agency, albeit in other file of the same applicant or other applicants. Accordingly, it should be a matter of adhering to the tradition and to instruct the adjudicators not to reject such refiling on the issue of a copy of the certified labor certification application. Additionally, inasmuch as there is an evidence that the labor certification has been certified by the DOL but the applicant was unable to submit the original or copy because the application was lost or yet to be delivered to the applicant, such I-140 which was filed during the period should not be rejected or denied. Again, it has been a tradition of the agency to request a duplicate certified labor certification from the DOL by the agency itself when there was a proof of certification. We urge the USCIS to exercise the discretion and instruct the adjudicators not to reject or deny I-140 filed during the problem period for the reasons of missing "original."
Foregoing actions will relieve these filers from most of the nightmares or status of being trapped. It is thus strongly urged that the leaders of the USCIS extend a compassion on a human level and exercise a discretion immediately to take the foregoing actions. This reporter has been receiving hundres of emails from these filers and had to share the pains and emotional despair since there was no answer to the foregoing issues under the curcumstances. Since the deadline of filing is August 17, 2007, the USCIS should swiftly release an announcement to relieve these people from the problem "effectively." On behalf of all these trapped, this reporter personally pleas the leaders of the USCIS to act quickly.
July VB Fiasco was a tragic event in the American immigration history and we are grateful that the USCIS rectified the problem on July 17, 2007 by reversing its decision to deny July 2007 EB-485 applications. We do not have specific statisics on EB-485 filers from July 2, 2007 until July 17, 2007. However, for the two reasons, among others, a large number of applicants sent in EB-485 applications during the period. Firstly, they more or less anticipated that either DOS or USCIS would rectify the problems because of the potential serious flaws in their decisions. Secondly, AILF was preparing class action lawsuits and they wanted to make it sure that they took advantage of being a member of the class without actually being named as plaintiffs. One time, people thought it was a smart move and right thing to do it, even though this reporter suggested to the people to wait until August VB was released.
Currently, these early filers are literally going through nightmares, hardships, and sleepless nights because of the two reasons. The first reason is that their cases have been on hold and no Receipt Notices have been issued. The second reason is that recently the USCIS revised its rule (1) allowing the adjudicating officers to exercise a discretion and issue a RFE with the response time of less than 12 weeks and (2) to exercise a discretion to either reject or deny a petition or an application without issuing RFE when the "initial evidence" is missing in the filing. Combination of these facts is currently creating a turmoil to these filers for the two reasons. There are some filers who submitted I-140/I-485 application without a sufficient documentation in haste, for instance, medical report, or other flaws in the submitted evidence. These people are restless not knowing whether their application could be rejected or denied, indeed a truly deadly consequences. The circumstances force them to wonder whether they should refile the petition/application before August 17, 2007 not to take any chances. There are, however, two hurdles to such decision. One is the recent denial of I-140 petitions by the adjudicators if the petition was not accompanied by the "original" labor certification. The another reason is no fixed rule or policy on the filing of multiple I-485 applications. This creates a fear that their second filing may also be rejected or denied. They are thus trapped! The second victims are international travelers. If the application is either rejected or denied and they are present in the U.S., they will be able to refile it after correcting the flaws in their initial evidence before August 17, 2007. However, when they are not present in the U.S., they will be deprived of such opportunities, which may be considered "deadly." Some people are still present in the U.S. at this time, but because of business or personal emergency, they will have to travel outside of the country using their H-1B/H-4 or L-1/L-2 visa. If their cases are rejcted or denied during their absence, they will not be able to refile it timely before August 17, 2007. They are trapped again! Their act which was considered a right thing to do to one time turns out to be a nightmare. Who would have anticipated the nightmare?
We urge the USCIS to consider the following actions to relieve these applicants from the unnecesary hardship:
Under he RFE/NOID Flexible Timeframe rule, a decision to reject or deny without a RFE remains a "discretion" of the individual adjudicator in each case. This reporter proposes that considering the unusual circumstances involving the July VB fiasco and the USCIS unusual remedial action at the last minute, the USCIS exempts these filers from the rule and make it mandatory to issue RFE before rejection or denial unless the following flaws are found in the filing:
No filing fee checks or flaws in the filing fee checks
Missing signatures in the forms
Missing forms
Missing underlying certified labor certification application for I-140 petitions (either original or copy).
Should the filers decide to refile it before August 17, 2007, the USCIS should accept a copy of the certified labor certification application rather than rejection or denial of the refiled I-140 petition. In fact, it has been the INS/USCIS tradition to accept I-140 petition with a copy of the certified labor certification application inasmuch as the original was on file with the agency, albeit in other file of the same applicant or other applicants. Accordingly, it should be a matter of adhering to the tradition and to instruct the adjudicators not to reject such refiling on the issue of a copy of the certified labor certification application. Additionally, inasmuch as there is an evidence that the labor certification has been certified by the DOL but the applicant was unable to submit the original or copy because the application was lost or yet to be delivered to the applicant, such I-140 which was filed during the period should not be rejected or denied. Again, it has been a tradition of the agency to request a duplicate certified labor certification from the DOL by the agency itself when there was a proof of certification. We urge the USCIS to exercise the discretion and instruct the adjudicators not to reject or deny I-140 filed during the problem period for the reasons of missing "original."
Foregoing actions will relieve these filers from most of the nightmares or status of being trapped. It is thus strongly urged that the leaders of the USCIS extend a compassion on a human level and exercise a discretion immediately to take the foregoing actions. This reporter has been receiving hundres of emails from these filers and had to share the pains and emotional despair since there was no answer to the foregoing issues under the curcumstances. Since the deadline of filing is August 17, 2007, the USCIS should swiftly release an announcement to relieve these people from the problem "effectively." On behalf of all these trapped, this reporter personally pleas the leaders of the USCIS to act quickly.
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MDix
02-25 11:15 AM
We need to start pushing this through AILA.
Thanks'
MDix
Thanks'
MDix
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99mutd08
05-19 02:00 PM
Thanks for all the efforts in advance.Contributed 100 dollars.Would not be able to make it to DC. Go IV
GCwaitforever
06-19 06:32 PM
Including the House session and Conference session, if somehow this is pushed beyond October 1st 2007, then the enactment will happen on October 1st 2008. We have to hope for that. That gives best possible window for all BEC, PERM-BEC candidates and people who have not filed their I-140s yet.
The impact is on H-1B renewals beyond six years, with the cut-off proposed at six years. The only exception for renewal beyond 6 years is given explicitly to people who applied for immigrant petition. So BEC/PERM-BEC people should apply for I-140 asap.
The impact is on H-1B renewals beyond six years, with the cut-off proposed at six years. The only exception for renewal beyond 6 years is given explicitly to people who applied for immigrant petition. So BEC/PERM-BEC people should apply for I-140 asap.
desi3933
03-23 04:30 PM
OP, Desi3933?
I-797 validity dates determine employment authorization.
Belle is incorrect, IMHO.
_______________________
Not a legal advice.
US citizen of Indian origin
I-797 validity dates determine employment authorization.
Belle is incorrect, IMHO.
_______________________
Not a legal advice.
US citizen of Indian origin
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