diptam
07-24 11:14 AM
Guys,
I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.
If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.
Thanks,
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.
If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.
Thanks,
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
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like_watching_paint_dry
01-19 04:26 PM
Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.
But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.
When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".
LOL. That's an interesting approach. I've heard of a story where a hispanic dude who had a beer breath actually get out of a breathalyzer test and eventually get off a potential DUI conviction because of lack of evidence. His excuse was he could not understand the instructions the officer was giving...
"no comprende..."
"put your mouth here and phoo phoo ..."
"no comprende..."
But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.
When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".
LOL. That's an interesting approach. I've heard of a story where a hispanic dude who had a beer breath actually get out of a breathalyzer test and eventually get off a potential DUI conviction because of lack of evidence. His excuse was he could not understand the instructions the officer was giving...
"no comprende..."
"put your mouth here and phoo phoo ..."
"no comprende..."
immig4me
02-28 09:06 AM
Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
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pmb76
03-19 07:14 PM
Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
I agree with you man. These screwed up desi consulting firms sell LCs like it is walmart. And people who work for them don't care about the position offered or their qualifications. They just want to have multiple LCs and I-140s and then cut the line when it is convenient.
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
I agree with you man. These screwed up desi consulting firms sell LCs like it is walmart. And people who work for them don't care about the position offered or their qualifications. They just want to have multiple LCs and I-140s and then cut the line when it is convenient.
more...
BumbleBee
08-15 04:11 PM
Shocking !!!! :eek:
Not really, Everyone is numb after July Visa Bulletin fiasco. Sep bulletin is better than expected, better than August atleast ( there are some dates in each cell, instead of 'U' all over the map ).
Lets hope for Oct bulletin to bring a little bit of smile :rolleyes:
Beeeee
Not really, Everyone is numb after July Visa Bulletin fiasco. Sep bulletin is better than expected, better than August atleast ( there are some dates in each cell, instead of 'U' all over the map ).
Lets hope for Oct bulletin to bring a little bit of smile :rolleyes:
Beeeee
mi2
11-17 04:57 PM
I don't care if the company is kind enought or not. Damn it .....it's my life and I want to control my own destiny.... a green card , red card, yellow card cannot make me beg anybody !! I have decided that I will keep switching on extensions and keep getting three extensions ....
If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....
EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!
I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....
EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!
I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
more...
apahilaj
04-23 06:43 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Does that mean that we won't get any inside news from Mr. Oppenheimer (if I spelled his name correctly) any more..?:) Just kidding.
Enjoy your freedom. Congratulations!
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Does that mean that we won't get any inside news from Mr. Oppenheimer (if I spelled his name correctly) any more..?:) Just kidding.
Enjoy your freedom. Congratulations!
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Pineapple
11-18 06:59 AM
My receipt number is NRC2008064605.
more...
dontcareanymore
12-12 03:48 PM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
TRUE . I wish they review even approved EB2s (not just ported , but all) and deny them if they are not legitimate or "genuine" in your speak. I also wish they compare the job duties of all these EB2s with others and even perform on-site checks. Then all ORIGINAL and GENUINE EB2s can get the GC.
TRUE . I wish they review even approved EB2s (not just ported , but all) and deny them if they are not legitimate or "genuine" in your speak. I also wish they compare the job duties of all these EB2s with others and even perform on-site checks. Then all ORIGINAL and GENUINE EB2s can get the GC.
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DDD
03-14 07:03 PM
well someone issue the challenge. We can pick up where the BB contest was at. Basically a boxing robot or something like that. Not sure if we want to do realism and all that tho. I can pretty much only do it on weekends so a 4-6 week time frame sounds good.
more...
Legal_In_A_Limbo
03-10 01:08 PM
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
I will really appreciate that.
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
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bala50
12-20 06:02 PM
I was under the impression that 10 - 15 days gap or 1 month gap can be justified as vacation or sick leave as long as "employer - employee " relations exists (not terminated by the employer). One whole year cannot be justified under this.
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chanduv23
09-10 12:09 PM
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
Having dealt with a lot of people, I have noticed that - most people are not happy but put up with it. They pretend to show a happy face whereas they want to jump jobs at the first possible instance.
They are in closets due to some kind of fear or stigma. If they are all happy with their h1b and jobs why did they all cry and crib during July visa bulletin fiasco and start pounding the IV website?
This is for those who have taken a stance against the rally for no reason. They are working against a cause that would help them.
Having dealt with a lot of people, I have noticed that - most people are not happy but put up with it. They pretend to show a happy face whereas they want to jump jobs at the first possible instance.
They are in closets due to some kind of fear or stigma. If they are all happy with their h1b and jobs why did they all cry and crib during July visa bulletin fiasco and start pounding the IV website?
This is for those who have taken a stance against the rally for no reason. They are working against a cause that would help them.
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ajthakur
07-14 06:54 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
more...
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sledge_hammer
07-16 05:45 PM
This type of false propoganda makes my blood boil :mad:
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Mr. Brown
03-10 04:29 PM
Hello,
I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.
I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.
By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.
Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.
Thank you.
Great thought about being focussed on one topic that doesn't even need a "reform"!Simplest solution to the retrogression problem I have heard so far.
I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.
I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.
By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.
Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.
Thank you.
Great thought about being focussed on one topic that doesn't even need a "reform"!Simplest solution to the retrogression problem I have heard so far.
more...
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HV000
08-15 06:04 PM
Unfortunately, China and ROW EB2 are 2 and 3 years ahead of INDIA EB2!!!
Hopefully, INDIA EB2 and EB3 moves forward in OCT with new allocation.
The DOS method of PIECE MEAL ALLOCATION NEEDS TO CHANGE!!
Hopefully, INDIA EB2 and EB3 moves forward in OCT with new allocation.
The DOS method of PIECE MEAL ALLOCATION NEEDS TO CHANGE!!
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glus
09-19 11:02 AM
This must be done. Also, we could include flags of all the member nationalities, to show this website is an international one. So if we have members from 20 different countries, this should be clearly shown. Guys, the problem is not only for indians, it is also for the others like me.
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Dakota Newfie
07-03 11:27 AM
I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
grinch
03-19 02:58 PM
Move this to Completed Battles?
arunmohan
03-17 01:50 PM
Hello group:
This is true that EB3 people are going to stay for longer period( no one knows how long).
I am not sure that how much would be fruitful to port from EB3->EB2. Everone knows that it is not easy.
IV team should think and decide the next course of action for EB3.
I am with them what ever they decide. I am ready to give any kind of support.
Regards
This is true that EB3 people are going to stay for longer period( no one knows how long).
I am not sure that how much would be fruitful to port from EB3->EB2. Everone knows that it is not easy.
IV team should think and decide the next course of action for EB3.
I am with them what ever they decide. I am ready to give any kind of support.
Regards