kate123
08-23 08:38 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
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vayumahesh
01-10 11:36 AM
Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.
learning01
04-25 03:04 PM
I welcome your stickiness. This idea is not new to the forum. Go and search the threads. We have an active agenda of sending the faxes, writing LTEs, follwoing up senators and their offices after discussions, writing to news anchors, talking heads etc.
learining01
Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...
We need more ideas and more action as we go along.
...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people
learining01
Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...
We need more ideas and more action as we go along.
...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people
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Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
more...
billu
08-24 10:21 PM
i had put up the previous two posts on this page asking about relief for Schedule A professionals in 2008......time has passed by but nothing has changed.....no sight of any relief or any schedule A bill........missed the july 2007 fiasco due to employer insisting on 40 day cool off period........have been in US for 6 years......no sign of EB3 india being even close to Oct 2007 (my PD)........employer has refused to file EB2 point blank.......no other employer ready for EB2........spouse on h4 visa since oct. 2006......have lost all hope and just going through the motions......is there light at the end of tunnel???
tikka
06-03 03:08 PM
I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
please check
thank you
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
please check
thank you
more...
Milind123
09-13 07:55 PM
milind123...
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.
BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.
BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?
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HopeSprings
12-16 02:35 PM
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
more...
desi chala usa
07-11 09:22 AM
I know many people have their priority dates current since past few months but still they are waiting for I-485 approval. Hope this should not be scam to issue the EAD for only a year instead of two years.
Almost two years jump is unbelievable specially we know big numbers of Perms filed during 2005 and mid of 2006.
Almost two years jump is unbelievable specially we know big numbers of Perms filed during 2005 and mid of 2006.
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beppenyc
03-08 02:15 PM
Did at least a dem join the debate or they are still at lunch?
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needhelp!
09-10 05:38 PM
It goes a long way.
Thank yous to:
Madhuri, rajusk, immuser, manish_jain99, meandmygc, GC_1200, srinivas06, mhathi,ssprof
Thank yous to:
Madhuri, rajusk, immuser, manish_jain99, meandmygc, GC_1200, srinivas06, mhathi,ssprof
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snathan
05-15 07:30 PM
Ok - any ideas how we can ask? What fee waiver are we asking for?
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
When its purely their mistake..why do we need to pay for the MTR. I am asking the fee waiver for the same. If they are not giving, we need to fight it in the court.
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
When its purely their mistake..why do we need to pay for the MTR. I am asking the fee waiver for the same. If they are not giving, we need to fight it in the court.
more...
house Blake Lively
h1b_forever
03-04 09:57 AM
I can understand rejecting loans for H1 since it is supposed to be temporary employment, but it does not make sense to reject for people on EAD.
I am in the process of refinancing, but I provided my H1 papers instead of EAD and my application was approved.
It is possible each company has a different policy. I went through Wells Fargo this time.
I am in the process of refinancing, but I provided my H1 papers instead of EAD and my application was approved.
It is possible each company has a different policy. I went through Wells Fargo this time.
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mhathi
07-18 07:45 PM
the $20/mnth was pulled a while back- hardly anyone was signing up for monthly contributions and everyone went for the lwoest amount. all in all a shameful situation. my humble suggestion- in a lumpsome, donate the amount equivelant to 20/mnth for the next 4 mnths ie $80, then when the EAD comes you can start recurring contributions.
Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.
Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.
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srikondoji
08-02 04:06 PM
Thats a mess forced onto themselves. However, iam feeling happy and lucky about it. The hardships of USCIS employees started off from mid june and will never end just because of mess & mass miss-communication between the agencies.
Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?
Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?
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immi_twinges
07-20 03:31 PM
She recently announced in her campaign that she will increase the H1B visas
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties
or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy
They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
Then we are sorry.
Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.
We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much
Why is there a misconception about us?
Lets get this thought out of these bone heads
We are not middle class job stealers...We are the building blocks of a strong middle class
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties
or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy
They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
Then we are sorry.
Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.
We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much
Why is there a misconception about us?
Lets get this thought out of these bone heads
We are not middle class job stealers...We are the building blocks of a strong middle class
more...
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drona
07-19 02:08 AM
Signed up to contribute $50 per month.
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santb1975
06-22 03:13 PM
We are closer to 20K now more than we were before
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test101
07-05 01:44 PM
I just Spoke to sentor Specter office: 202-224-4254. They were very supportive. I spoke about the revised Visa bulltien and the effect of losing nurses. They were very sympathatic . I added i know how the sentor support immigration.
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
Madhuri
10-21 12:23 PM
Just emailed and will also send a snail mail tonight.
Ram_C
09-28 07:18 PM
Receipting people are not the ones adjudicating the cases. They are different people. So there is no used stopping the receipting.
If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.
Its already end of September, today is the last working day for the month of Sep and moreover do you think the IOs at USCIS are determined to allocate/ use all the visa numbers for this fiscal year??? HELL NO , they give a rat's a** about it and that is why we din't see any "wild" approvals.
If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.
Its already end of September, today is the last working day for the month of Sep and moreover do you think the IOs at USCIS are determined to allocate/ use all the visa numbers for this fiscal year??? HELL NO , they give a rat's a** about it and that is why we din't see any "wild" approvals.
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