eb3_nepa
04-25 01:04 PM
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
wallpaper Justin Timberlake, Nick Jonas
john2255
07-22 11:05 AM
Hello All,
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
Good work greenme. The model of your letter is excellent. Everybody in the forum please follow the same model with necessary modifications and fax to their respective senators. Also please call to the senators office and let them know your opinion. Please refer about the bill and convey your opinion according to the particular senator's voting on the amendment. This is very important coz this will greatly influence them and stimulate them for further similar amendments. Please dont delay. Let us heat up the issue. The amendment shows the senators are already aware of unused employment visas of previous years. Lets take this oppurtunity.
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
Good work greenme. The model of your letter is excellent. Everybody in the forum please follow the same model with necessary modifications and fax to their respective senators. Also please call to the senators office and let them know your opinion. Please refer about the bill and convey your opinion according to the particular senator's voting on the amendment. This is very important coz this will greatly influence them and stimulate them for further similar amendments. Please dont delay. Let us heat up the issue. The amendment shows the senators are already aware of unused employment visas of previous years. Lets take this oppurtunity.
arnab221
12-15 12:19 PM
Kill 2 birds with the same stone . Nice . Weigh loss + Green card Gain
2011 and Justin Timberlake.
diptam
08-20 03:30 PM
Did anyone else received any reply - i'll post if i receive any reply.
By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.
cisombudsman.trends@dhs.gov
Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !
Has any of the members who sent out the letter & Form received any response from Ombudsman's office. Please post as and when you receive any response.
By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.
cisombudsman.trends@dhs.gov
Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !
Has any of the members who sent out the letter & Form received any response from Ombudsman's office. Please post as and when you receive any response.
more...
InTheMoment
07-18 02:07 PM
Adjudication means the process of an adjudicator going thro' your file to see whether you are eligible for adjustment!
Here pre-adjudication means irrespective whether the PD is current or not or availabilty of visa numbers the adjudication process continues.
In other words even though visa numbers are "U" till October they would not simply warm their seats but do something !
See http://www.imminfo.com/resources/cissop.html
Here pre-adjudication means irrespective whether the PD is current or not or availabilty of visa numbers the adjudication process continues.
In other words even though visa numbers are "U" till October they would not simply warm their seats but do something !
See http://www.imminfo.com/resources/cissop.html
wandmaker
05-23 10:05 AM
Actually I paid $100 and not $50. It was two $50 on the same day.
Thanks for notifying snathan!
Bump!!!!
Thanks for notifying snathan!
Bump!!!!
more...
Radhika
07-19 10:33 AM
upgraded $20 to $50 monthly
2010 Justin Timberlake celebrated
gumpena
08-02 05:17 PM
How do you guys get this daily update.. going by this, it will take them 2 months just to clear first 2 days of july - even after assuming all receipts issued are for I-485 cases, which is far from truth!
This includes I-485,I-765, I-131, I-140..
This includes I-485,I-765, I-131, I-140..
more...
globaldesi
04-18 10:54 AM
Just got my 140 approved...no confirmation from the employer yet but received email from CRIS saying they mailed the approval on April 15. Looks like the published processing times are being adhered to.
hair 2010 super bowl audi party
ajju
08-13 09:01 PM
What they are calling HEAVY DEMAND from EB-3 when it has been unavailable for the last two months and before that it was stuck in 2001. There are a whole lot of visas going to EB-2 people who filed in 2006 just two years back . If a person who filed in 2001 can't get his GC
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
more...
satyachowdary
09-12 08:53 AM
Hi Milind123,
I just contributed $100, here are my order details :
Order Details - Sep 12, 2007 09:12 GMT-04:00
Google Order #131954606924512
Thanks
Satya Chowdary
I just contributed $100, here are my order details :
Order Details - Sep 12, 2007 09:12 GMT-04:00
Google Order #131954606924512
Thanks
Satya Chowdary
hot Justin Timberlake added to
rennieallen
10-01 09:16 PM
After the july fiasco, USCIS need not have to worry about recieving huge applications if they move the dates forward. Since almost all the folks (except for folks stuck at BEC) would have turned in the applications uscis should be able to move the dates forward for FY08 to a big extent , so that visa numbers are not wasted.
but again it all depends on how they view this.These are cry from our end..
Yup, because of July '07 there will be no wasted visas for several years...
I am wondering whether USCIS made that mistake on purpose, after the immigration reform thing failed in congress?
but again it all depends on how they view this.These are cry from our end..
Yup, because of July '07 there will be no wasted visas for several years...
I am wondering whether USCIS made that mistake on purpose, after the immigration reform thing failed in congress?
more...
house pre-Super Bowl celebration
needhelp!
09-11 06:11 PM
I am confused by your post.. who's side are you on? :D
Seeing ur quote I remember another quote..
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
Seeing ur quote I remember another quote..
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
tattoo Pepsi: Justin Timberlake - Super Bowl XLII Ad
Libra
09-11 02:30 PM
my count on this thread is 12950 so far....17050 more to go
Moderators,
How far are we from tally.
Also important is to get petition signatures for rally.
Moderators,
How far are we from tally.
Also important is to get petition signatures for rally.
more...
pictures The Superbowl 2011 – The Black
peer123
07-18 08:02 PM
Labor PD: April 29, 2003 (EB3)
140 Approved Date:
140 approved from: NSC
Mailed to NSC: June 1st
Received at NSC: June 4th
Receipt Date : June 5, 2007 This is what everybody gets now ........
Approved I485: Notice date : June 18, 2007
FP Appointment: July 11, 2007
I-485 : PENDING
My application was received on 12 the July but mailed on june 15th...
receipts are received by my lawyer....
what atcually is the notice date...
140 Approved Date:
140 approved from: NSC
Mailed to NSC: June 1st
Received at NSC: June 4th
Receipt Date : June 5, 2007 This is what everybody gets now ........
Approved I485: Notice date : June 18, 2007
FP Appointment: July 11, 2007
I-485 : PENDING
My application was received on 12 the July but mailed on june 15th...
receipts are received by my lawyer....
what atcually is the notice date...
dresses Audi Celebrates Super Bowl
la6470
02-25 12:28 AM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
more...
makeup 2011 Super Bowl Halftim.
nk2006
10-17 02:48 PM
NK2000:
Thanks a ton for this great job. I will mail out today
Thank you sheela - encourage your friends to do the same.
Thanks a ton for this great job. I will mail out today
Thank you sheela - encourage your friends to do the same.
girlfriend Audi Celebrates Super Bowl
ashutrip
06-22 11:18 AM
Nothing so far. I keep checking the status of my application every day but its still "In Process"
what is your PD?
what is your PD?
hairstyles and the 2011 Super Bowl
Milind123
09-13 03:25 PM
Order Details - Sep 13, 2007 12:40 PM GMT-07:00
Google Order #949176417011663
Thank you for transforming me from :( to :D
I will post my contribution shortly.
Google Order #949176417011663
Thank you for transforming me from :( to :D
I will post my contribution shortly.
gc_on_demand
04-30 02:47 PM
King says
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
nixstor :)
Thank you .. keep posting..
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
nixstor :)
Thank you .. keep posting..
CADude
07-04 03:18 PM
Contact your Senator regarding unprecedented move by the Department of State.
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
No comments:
Post a Comment