gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
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gcformeornot
12-10 03:59 PM
DOS/USCIS has nothing else to do.... they are also joining our PREDICTION games......:D:D:D:D:D:D
red200
12-11 04:47 PM
Folks,
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
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Waitingnvain
05-04 10:21 AM
Hey Guys:
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
more...
mbawa2574
03-04 05:16 PM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.
So this is a new feature of Obama Nation:mad:
Liberals shame on you for electing this inexperienced socialist communist to the white house.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.
So this is a new feature of Obama Nation:mad:
Liberals shame on you for electing this inexperienced socialist communist to the white house.
gcisadawg
03-04 12:16 PM
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
more...
pathiren
07-21 03:10 PM
Count me in. I am in Irvine and would be more than helpful to work for this cause. Cheers all!! Wave is building up for a revolution to chage the immigration laws of US!!!!
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manderson
09-18 08:52 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
more...
coolvigo
06-10 09:57 AM
Guys,
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
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IN2US
07-06 02:33 PM
Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
--- Good one :D
--- Good one :D
more...
isedkeem
03-07 03:37 PM
I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .
...
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
I went on a business trip to Delhi and Mumbai last year for about 10 days. I stayed at very expensive hotels (Leela in Mumbai, don't remember the Delhi one) but somehow I did not feel that it was worth the $300+ a night or so. The hotels were about the same standard as a Best Western or a Holiday Inn in the US which tend to go for $60-80 usually. There were no reasonable budget options for $100 like in the US. The value for money seems much less in India IMO. I have been to China and Brazil too and the general standards there seem to be orders of magnitude higher.
...
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
I went on a business trip to Delhi and Mumbai last year for about 10 days. I stayed at very expensive hotels (Leela in Mumbai, don't remember the Delhi one) but somehow I did not feel that it was worth the $300+ a night or so. The hotels were about the same standard as a Best Western or a Holiday Inn in the US which tend to go for $60-80 usually. There were no reasonable budget options for $100 like in the US. The value for money seems much less in India IMO. I have been to China and Brazil too and the general standards there seem to be orders of magnitude higher.
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gc28262
07-02 05:11 PM
My company got labor certification papers today after getting approved online on June-26-2007
PBEC,EB3, NON-RIR, PD MAY 2004
Labor certified online: June-26-2007
Received labor certification hardcopy: July-02-2007
PBEC,EB3, NON-RIR, PD MAY 2004
Labor certified online: June-26-2007
Received labor certification hardcopy: July-02-2007
more...
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jayleno
10-17 03:20 PM
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
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chanduv23
09-12 01:44 PM
At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
more...
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inskrish
08-10 02:51 PM
Sing it: "No checks no receipt...whatcha gonna do...whatcha gonna do when they come for you (Border control)"....Hey!! I'm legal!!!:D
5 weeks and nothing.....But i did get my H1/H4 8th yr receipts in a week.
But, it also says "Everyone is innocent until proven guilty by (USCIS)".:)
5 weeks and nothing.....But i did get my H1/H4 8th yr receipts in a week.
But, it also says "Everyone is innocent until proven guilty by (USCIS)".:)
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needhelp!
09-10 03:30 PM
prasad_nsvd@yahoo.com, akr_roy, vinod_gvk, spce94mech, subujee, babu123, leo2606
more...
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senthil1
07-06 01:34 PM
If they would not have approved 25k cases in 2 days still they could change the cut off date instead of making unavailable. In any case accepting 500k to 700k applications when Visa number not available might create more problems for USCIS than current mess. I think USCIS well aware of potential lawsuit as they got opposition for similar thing for EB3 other workers in June. There is no strong motive for Scandals as no one gets Finanicial benefit in USCIS or DOS. It needs to be seen how Courts will handle Adminstrative mess up. It is highly unlikely for courts to order USCIS to accept I485 even if they find violation of law. But if court considers the lawsuit it will be used to fix some of the issues in VB regulations
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
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Raju
07-06 02:27 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
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vin13
03-12 01:08 PM
Dear Vin13,
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support.
I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support.
I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.
letstalklc
12-11 05:09 PM
My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.
Mee too.
but the proposed 2 tier system has been pushed from this december to next June 2010 (i.e 6 months) as of now, not sure whether they will come up with it at least in June...
Lot of people are waiting to file their final step....They should start allowing to file 485 at least one year after based on their work load and based on their pre adjudication....
Mee too.
but the proposed 2 tier system has been pushed from this december to next June 2010 (i.e 6 months) as of now, not sure whether they will come up with it at least in June...
Lot of people are waiting to file their final step....They should start allowing to file 485 at least one year after based on their work load and based on their pre adjudication....
Green.Tech
09-14 03:45 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!