sledge_hammer
01-28 03:34 PM
I don't think AILA is fighting this memo on the grounds that it is illegal because of the fact that E-E relationship is illegally defined by USCIS, but they are fighting on the grounds that it is illegal because such directives should come in the form of laws!
Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!
EDIT:
After re-reading AILA's response, it appears to me that they actually don't have a strong case to say that the "EE relationship" definition is illegal. They are going with the argument that a precedence has been set for 50 years, and that is one of the main reasons why USCIS should continue to interpret the EE relationship that way. I'm not sure how strong a case this can be.
AC21 doesn't contradict any law. AC21 memo is a real memo. It provides guidance for areas that are not clearly defined. So no point in comparing AC21 memo against the latest illegal memo by USCIS.
Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!
EDIT:
After re-reading AILA's response, it appears to me that they actually don't have a strong case to say that the "EE relationship" definition is illegal. They are going with the argument that a precedence has been set for 50 years, and that is one of the main reasons why USCIS should continue to interpret the EE relationship that way. I'm not sure how strong a case this can be.
AC21 doesn't contradict any law. AC21 memo is a real memo. It provides guidance for areas that are not clearly defined. So no point in comparing AC21 memo against the latest illegal memo by USCIS.
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gccovet
05-09 11:09 AM
Where can I find medical insurance for my parents with reasonable coverage with reasonable premium. Their age is between 55 to 60. Obviously they are with some medical conditions like blood pressure, diabetic... like usual stuff like typical parents would have...Can somebody suggest good one... thanks in advance.
I have used India Network Health Plan since 2002 till date for my parents, they stay 6 months in India and 6 months in US.
India Network Health Plan specially designed for Visiting parents, temporary workers and their families. Visit http://health.indnet.org for more info, premiums and plan details.
Dr. K.V.Rao president has expanded this service extensively. I did not have any problems in getting good medical service and claims.
HTH
GCCovet
I have used India Network Health Plan since 2002 till date for my parents, they stay 6 months in India and 6 months in US.
India Network Health Plan specially designed for Visiting parents, temporary workers and their families. Visit http://health.indnet.org for more info, premiums and plan details.
Dr. K.V.Rao president has expanded this service extensively. I did not have any problems in getting good medical service and claims.
HTH
GCCovet
SGP
04-22 12:10 PM
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.
Can't agree less with you pappu:)
Can't agree less with you pappu:)
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arnab221
09-17 10:55 AM
The people ae still trickling in . Since the issue is not that important they are taking their own sweet time to come in . The issue is not about the Nation's horses you see , so none cares much . As I said before , our priority is below horses .:D
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gc_on_demand
05-26 12:45 PM
There is a chance that all unused visas over the last several years will get assigned to FB quota and EB folks will loose all those visas for ever.
Any idea ?
Any idea ?
SGP
04-22 12:10 PM
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.
Can't agree less with you pappu:)
Can't agree less with you pappu:)
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eb3retro
08-15 06:51 PM
I was looking at the recent forum posts and there was no discussions about EB3 listed. Thought would "BUMP" this to bring the EB3 plight on the top...
Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:
yep, not a single eb3-485 approval, be it ROW or China or India..
Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:
yep, not a single eb3-485 approval, be it ROW or China or India..
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gk_2000
04-18 10:03 PM
Here are my case details as well.
Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:
Joined new employer in July 2009
PERM Prep work took 6 months
EB2 PERM filed: March 30th, 2010 (MS + 6 yrs or BS + 8 yrs as min requirements)
EB2 PERM approved: Aug 11th, 2010
EB2 I-140 filed: Aug 27th, 2010 (Premium Processing, EB3 I-140 approval copy enclosed with request to Port EB3 PD)
EB2 I-140 and I-485 approved concurrently on Sep 3rd, 2010
Cards received Sep 7th, 2010
Hope this helps.
Truly borderline EB1. Congrats!
Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:
Joined new employer in July 2009
PERM Prep work took 6 months
EB2 PERM filed: March 30th, 2010 (MS + 6 yrs or BS + 8 yrs as min requirements)
EB2 PERM approved: Aug 11th, 2010
EB2 I-140 filed: Aug 27th, 2010 (Premium Processing, EB3 I-140 approval copy enclosed with request to Port EB3 PD)
EB2 I-140 and I-485 approved concurrently on Sep 3rd, 2010
Cards received Sep 7th, 2010
Hope this helps.
Truly borderline EB1. Congrats!
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reno_john
10-02 02:23 PM
GCTEST I dont know who you are but I can tell one thing about you. :rolleyes:
:DU R A SELFISH B*****D.:D
:DU R A SELFISH B*****D.:D
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gc_kaavaali
12-12 09:10 PM
I don't think people will get attracted by summarizing what we are doing...people should realize what we are doing...there is a difference...
The web site should be sufficient in providing information of a general nature.
More specific information and details should be available to members.
That's how many organizations operate, including AILA.
It's not just about the forums, this could come with a lot more benefits.
The web site should be sufficient in providing information of a general nature.
More specific information and details should be available to members.
That's how many organizations operate, including AILA.
It's not just about the forums, this could come with a lot more benefits.
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dreamworld
12-13 03:54 PM
Forum should be free for members. We can move into following...
First, We can keep the free membership mandatory and Do not allow any Guest users.
Second, Bring the members onto state chapters.
This will take us more onto grassroot level participation.
First, We can keep the free membership mandatory and Do not allow any Guest users.
Second, Bring the members onto state chapters.
This will take us more onto grassroot level participation.
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ItIsNotFunny
03-11 01:42 PM
Sanju,
I'm one of the past victims of your abusive language. ( remember " You are truly a Pakistani terrorist")
Honestly, i was very surprised to see that from you. Your past posts are an example of the kind of insight you bring in.
Hope you can speed dial that other side!
-GCisaDawg
Guys!
Sincere request to everyone. Please stop this discussion right away. Please for your own and your family sake, concentrate on FOIA. If you have extra energy, please help NeedHelp! to prepare what data and in what format we need. But don't spit negative energy here.
After a long time I am seeing some positive movements on IV, please don't kill it.
I'm one of the past victims of your abusive language. ( remember " You are truly a Pakistani terrorist")
Honestly, i was very surprised to see that from you. Your past posts are an example of the kind of insight you bring in.
Hope you can speed dial that other side!
-GCisaDawg
Guys!
Sincere request to everyone. Please stop this discussion right away. Please for your own and your family sake, concentrate on FOIA. If you have extra energy, please help NeedHelp! to prepare what data and in what format we need. But don't spit negative energy here.
After a long time I am seeing some positive movements on IV, please don't kill it.
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hopefulgc
03-13 12:48 PM
BharatPremi... think u might be mistaken ...
I have to agree with sunny1000. The consulate page says this in clear text.
"The following numbers are derived from the Department of State's Visa Bulletin."
That is exactly I was thinking. My first confusion was why the hell people want to check CP dates and create the false thread but then I realize they must not be around/ in the process to realize that CP dates != AOS dates. Some times CP ones equals but not always. Let's hope those equals to AOS dats this time.
I have to agree with sunny1000. The consulate page says this in clear text.
"The following numbers are derived from the Department of State's Visa Bulletin."
That is exactly I was thinking. My first confusion was why the hell people want to check CP dates and create the false thread but then I realize they must not be around/ in the process to realize that CP dates != AOS dates. Some times CP ones equals but not always. Let's hope those equals to AOS dats this time.
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zoooom
07-19 06:48 PM
Thanks very much !
http://immigrationvoice.org/forum/showthread.php?p=125874#post125874
Here..Let me know if this needs any modification...
http://immigrationvoice.org/forum/showthread.php?p=125874#post125874
Here..Let me know if this needs any modification...
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lvinaykumar
11-03 10:28 PM
Done....
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americandesi
07-27 06:21 PM
My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.
I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.
Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.
We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.
I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following
(1) Net income - The initial evidence reflects that the petitioner�s net income is equal to or greater than the proffered wage
- (Supporting Evidence : Tax Returns).
(2) Net current assets - The initial evidence reflects that the petitioner�s net current assets are equal to or greater than the proffered wage.
- (Supporting Evidence : Audited Financial statement)
(3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
- (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)
Ours is a small company and doesn't have net income or net assets matching the proffered wage.
Can anyone please answer this question?
I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.
Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.
We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.
I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following
(1) Net income - The initial evidence reflects that the petitioner�s net income is equal to or greater than the proffered wage
- (Supporting Evidence : Tax Returns).
(2) Net current assets - The initial evidence reflects that the petitioner�s net current assets are equal to or greater than the proffered wage.
- (Supporting Evidence : Audited Financial statement)
(3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
- (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)
Ours is a small company and doesn't have net income or net assets matching the proffered wage.
Can anyone please answer this question?
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nixstor
05-23 02:15 PM
as everyone will be only talking to the secretaries.. and message will not goto to law makers..
This is NOT correct. Most of the messages that these people receive will trickle down to the Legislative directors, Chief of Staff and the law maker him/her self. It's easy to imagine that our message does not get any where depending on different experiences we had in the past, but most of the times when there is a real good push from grass roots org, together with the lobbying activity, the message goes all the way. Whether we get support or not is a different story.
Oh B T W, 5882 and 5921 not only help EB but also FB. 5882 recaptures wasted FB numbers and 5921 increases the FB country limit to 10%.
This is NOT correct. Most of the messages that these people receive will trickle down to the Legislative directors, Chief of Staff and the law maker him/her self. It's easy to imagine that our message does not get any where depending on different experiences we had in the past, but most of the times when there is a real good push from grass roots org, together with the lobbying activity, the message goes all the way. Whether we get support or not is a different story.
Oh B T W, 5882 and 5921 not only help EB but also FB. 5882 recaptures wasted FB numbers and 5921 increases the FB country limit to 10%.
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qasleuth
05-14 12:08 PM
Finally, Thank you for your smart and intelligent attempt to dilute the members' focus. First you start off by saying that we have no allegiance to our home land and finally you deduce that country caps are OK.
Inference: You are some psycho who is concerned that the glass ceiling of country caps in employment based system will be shattered sooner or later.
I strongly disagree. He is no psycho, just a juvenile displaying 4th grade logic to exhort the masses. Comes back and 'moderates' his thread by 'channeling', thanking and asking for more brilliant ideas.
nitinboston, do not brush this off as some kind of personal attack and you have bigger fish to fry...I urge you to read and reflect.
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Comes as a surprise to your fellow elementary schoolers ? Who are you to generalize ? That is what your immediate buddies or people YOU associate may be thinking.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
Thanks for the breaking news !
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing
Does your friend or his wife know what kind of a backstabbing 'best and brightest' you are ? Just because your so called friend's wife got a job cheating (if I take your word for it), it does not give you the right to brush the whole category with the same color. Who are you trying to impress by pissing on everybody ?
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Again, thanks for the breaking news and brilliant suggestions. First off, stop generalizing and look beyond your pathetic 'immediate circle'. AND here is some breaking news for you: You have not seen it all, as I can clearly see by the quality of your arguments. Don't come onto a forum, hide behind the curtain of anonymity and shoot your mouth off giving 'plain' 'straight from your heart' BS.
Inference: You are some psycho who is concerned that the glass ceiling of country caps in employment based system will be shattered sooner or later.
I strongly disagree. He is no psycho, just a juvenile displaying 4th grade logic to exhort the masses. Comes back and 'moderates' his thread by 'channeling', thanking and asking for more brilliant ideas.
nitinboston, do not brush this off as some kind of personal attack and you have bigger fish to fry...I urge you to read and reflect.
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Comes as a surprise to your fellow elementary schoolers ? Who are you to generalize ? That is what your immediate buddies or people YOU associate may be thinking.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
Thanks for the breaking news !
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing
Does your friend or his wife know what kind of a backstabbing 'best and brightest' you are ? Just because your so called friend's wife got a job cheating (if I take your word for it), it does not give you the right to brush the whole category with the same color. Who are you trying to impress by pissing on everybody ?
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Again, thanks for the breaking news and brilliant suggestions. First off, stop generalizing and look beyond your pathetic 'immediate circle'. AND here is some breaking news for you: You have not seen it all, as I can clearly see by the quality of your arguments. Don't come onto a forum, hide behind the curtain of anonymity and shoot your mouth off giving 'plain' 'straight from your heart' BS.
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tonyHK12
04-08 03:00 PM
/\/\/\
chicago60607
09-17 01:03 PM
They are all now driving together to the Panda Express which 2.3 miles away. The Lady from California has opted for Egg Rolls, Veg.Fried Rice and Orange Chicken. She also wants big drink.
rajagopal_04
12-29 01:59 AM
Posted Dec 28, 2007
�MurthyDotCom
A recent U.S. Department of State (DOS) directive to U.S. consular posts now requires consulting an electronic record for visa issuance in nonimmigrant categories H, L, O, P, and Q. This was first reported to MurthyDotCom and MurthyBulletin readers in our December 7, 2007 article, PIMS Verification Required for Certain Nonimmigrant Visas. The verification of visa petition approvals is now carried out through the Petition Information Management Service, known as PIMS, even if a beneficiary takes an original I-797 approval notice to the interview. The American Immigration Lawyers Association (AILA) asked the DOS to clarify the purpose and the functioning of this directive. In response, the DOS provided this important information to AILA members.
�MurthyDotCom
USCIS Must Send KCC Petition Approvals before Visa Issuance
�MurthyDotCom
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants.
�MurthyDotCom
Benefits Provided by New Verification System
�MurthyDotCom
The DOS has indicated that most of the cases approved for visa processing are being entered into PIMS in a matter of hours. As a result of the new directive requiring multiple checks for fraud and other adverse information, the DOS is able to find forged and altered I-797 approval notices for companies that no longer exist or that never existed. In addition, if a visa applicant has neither an original nor copy of an approval notice and the information has been entered into PIMS, no such notice is required for visa issuance. While some posts still require original approval notices, the DOS is developing clear guidelines to eliminate this requirement.
�MurthyDotCom
Negative Effects of New System
�MurthyDotCom
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS. To remedy this problem, AILA has requested that the DOS provide a mechanism for notifying KCC directly to make sure that all the information on an approved petition is entered into the system before a beneficiary applies for a visa.
�MurthyDotCom
Conclusion
�MurthyDotCom
The DOS has indicated that it is willing to develop a mechanism to address any negative effects of the new requirement to verify petition approval information before issuing a visa in certain types of nonimmigrant petitions. MurthyDotCom and MurthyBulletin readers will be updated on this important matter when there are new developments.
�MurthyDotCom
A recent U.S. Department of State (DOS) directive to U.S. consular posts now requires consulting an electronic record for visa issuance in nonimmigrant categories H, L, O, P, and Q. This was first reported to MurthyDotCom and MurthyBulletin readers in our December 7, 2007 article, PIMS Verification Required for Certain Nonimmigrant Visas. The verification of visa petition approvals is now carried out through the Petition Information Management Service, known as PIMS, even if a beneficiary takes an original I-797 approval notice to the interview. The American Immigration Lawyers Association (AILA) asked the DOS to clarify the purpose and the functioning of this directive. In response, the DOS provided this important information to AILA members.
�MurthyDotCom
USCIS Must Send KCC Petition Approvals before Visa Issuance
�MurthyDotCom
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants.
�MurthyDotCom
Benefits Provided by New Verification System
�MurthyDotCom
The DOS has indicated that most of the cases approved for visa processing are being entered into PIMS in a matter of hours. As a result of the new directive requiring multiple checks for fraud and other adverse information, the DOS is able to find forged and altered I-797 approval notices for companies that no longer exist or that never existed. In addition, if a visa applicant has neither an original nor copy of an approval notice and the information has been entered into PIMS, no such notice is required for visa issuance. While some posts still require original approval notices, the DOS is developing clear guidelines to eliminate this requirement.
�MurthyDotCom
Negative Effects of New System
�MurthyDotCom
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS. To remedy this problem, AILA has requested that the DOS provide a mechanism for notifying KCC directly to make sure that all the information on an approved petition is entered into the system before a beneficiary applies for a visa.
�MurthyDotCom
Conclusion
�MurthyDotCom
The DOS has indicated that it is willing to develop a mechanism to address any negative effects of the new requirement to verify petition approval information before issuing a visa in certain types of nonimmigrant petitions. MurthyDotCom and MurthyBulletin readers will be updated on this important matter when there are new developments.
