diptam
10-02 01:11 PM
Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
I've sent an email as well to Ombudsman a week before i sent my Form 7001.
Today they replied my email ( after 5 weeks) asking me to file form 7001 if I want any specific reply. They also mentioned that Form 7001 will be replied in 14 business days and the case will be investigated within 45 business days.
So i just replied to the email saying that i already mailed 7001 and its been 22 business days without any form of reply.
Lets see what they says now.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
I've sent an email as well to Ombudsman a week before i sent my Form 7001.
Today they replied my email ( after 5 weeks) asking me to file form 7001 if I want any specific reply. They also mentioned that Form 7001 will be replied in 14 business days and the case will be investigated within 45 business days.
So i just replied to the email saying that i already mailed 7001 and its been 22 business days without any form of reply.
Lets see what they says now.
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jkays94
07-20 01:21 PM
How many though contacted their Senators for this ammendment ? Chances are that Numbers USA probably put in more calls than the proponents of this measure. The least one can do is let your Senator know of your disappointment and let those who voted in favor of your appreciation otherwise if one is silent how is the Senator to know if it impacts their constituents.
MDix
08-22 09:32 PM
Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
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test101
07-24 04:40 PM
Even if you are RN licenes and educated in the USA. You still need a visa screen. I had to apply for visa screen. In my case it took only 1 week to get it. you can apply on line and send your documents. I'm not sure about the EAD though. YOu may wwant to post your question on the free Consultaion thread.
www.cgfns.org
www.cgfns.org
more...
AabTuAgaGC
01-21 10:08 AM
I finally got a LUD on 1/18/2007. Today, I got my second LUD, 1/21/2008. Hopefully the approval will be mailed soon.
reddog
09-15 10:45 AM
This is the Indian mentality at work. My EB3 bro whose employer(company policy) did not allow him to file under EB2 even though he had over 7 years of experience and was making 70 bucks an hour when he filed, is not better than his EB2 bro just cos he is EB3.
That is it. Nail on the head. No, thats not all, look at the support, and these are Indian folks. I live in a small city with 150 Indian families (most of them doctors and other occupations) who have migrated to the US atleast 25 years back.
These people are just happy that we are here, that they now have a 150 family Indian community that they can call their own.
And here we are, all the skilled Eb2 guys, who are superior to the EB3 guys not wanting their EB3 non-immigrant men to ever get their Green Cards.
It is funny that rather than trying to correct the system, fight the inefficiences and amend the laws, someone is tryin to channelize their energies to fight against their own group. And more surprising is that there are a lot of supporters.
IV, your days are numbered.
That is it. Nail on the head. No, thats not all, look at the support, and these are Indian folks. I live in a small city with 150 Indian families (most of them doctors and other occupations) who have migrated to the US atleast 25 years back.
These people are just happy that we are here, that they now have a 150 family Indian community that they can call their own.
And here we are, all the skilled Eb2 guys, who are superior to the EB3 guys not wanting their EB3 non-immigrant men to ever get their Green Cards.
It is funny that rather than trying to correct the system, fight the inefficiences and amend the laws, someone is tryin to channelize their energies to fight against their own group. And more surprising is that there are a lot of supporters.
IV, your days are numbered.
more...
nixstor
07-11 12:32 PM
eb2 china was at jan2006 for a while. this will be the first time that they will be moving beyond jan 2006.
The movement EB-2 china gets some times is solely because of the visa number that category gets. This typically happens in the first Q. EB2-I and EB2-C will have different PD's . Some time in 2nd Q or mid 2nd Q, both I and C will have used up their quota and they will continue to have the same PD until the end of the fiscal year as PD is the only thing that matters.
The movement EB-2 china gets some times is solely because of the visa number that category gets. This typically happens in the first Q. EB2-I and EB2-C will have different PD's . Some time in 2nd Q or mid 2nd Q, both I and C will have used up their quota and they will continue to have the same PD until the end of the fiscal year as PD is the only thing that matters.
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himu73
09-09 12:16 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
1. This is the best bank in terms of interest rate.
2. They have daily reducing calculation of interest which itself will save you 30/40K rupees over ICICi/HDFC etc.
3. they do not charge penalty for early repayment.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
1. This is the best bank in terms of interest rate.
2. They have daily reducing calculation of interest which itself will save you 30/40K rupees over ICICi/HDFC etc.
3. they do not charge penalty for early repayment.
more...
Milind123
09-13 05:56 AM
Just contributed one time $100 thru' paypal.
Web Accept Payment Sent (ID # 3BC32596YD273123L)
Thankyou nomad. Just one more newbee shooter. Remember your one dollar is like contributing 3 dollars.
Web Accept Payment Sent (ID # 3BC32596YD273123L)
Thankyou nomad. Just one more newbee shooter. Remember your one dollar is like contributing 3 dollars.
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gc_bulgaria
01-05 11:20 PM
Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
OK, before you jump at me, and accuse me of being "you people", read my earlier post. I had a scholarship at Duke because my education from the 'garbage' college in India was deemed to be comparable to a 4.0 GPA here. As far as affirmative action is concerned, you have it here too.
Anything more Gayatri?
:eek:
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
OK, before you jump at me, and accuse me of being "you people", read my earlier post. I had a scholarship at Duke because my education from the 'garbage' college in India was deemed to be comparable to a 4.0 GPA here. As far as affirmative action is concerned, you have it here too.
Anything more Gayatri?
:eek:
more...
nixstor
03-31 08:52 PM
How insane am I? How insane are u? If it was not the USCIS, u wudn't have put ur foot into this country using ur H1B visa. U r in a foreign land and u want things happen like at the snap of ur finger? U think immigration is the only issue US has. U donno nothing about other issues the Govt is facing. If u dont like the administration...just get out. How in the world can a foreigner think about changing USCIS management process? What rights do u have? U cant even vote and u want to change the management process of a Govt body. U think u r a citizen and have all the rights. Kudos to the US Govt for making us feel at home and letting us talk like this. IV can fight upto some extent by the kind of campaigns they are hosting. But its USCIS' prerogative what they want to do. In the first place IV is fighting for Employment Based GCs. The fight which should actually be fought by Employers and above all ppl like u have the audacity to talk about the irregular management in USCIS and even going to the extent of changing it. And they took the shortest and safest way out? U think they wudn't have gotten away by NOT letting u have ur EAD now? U must be from India where there is lot of corruption. How wud u feel if US citizens came to India and propose a change in the Government. US citizens who are immigrants in India - Did u even think about it? U dont even know how to think properly. I will still say...SHAME ON U.
Are you saying that USCIS bestowed up on every EB based immigrant with H1B visas and did all of us a huge favor? The simple point is there is a need and all of us happened to be the applicants. If there was never a need, none of us would have been here, irrespective of how many applications came in. People immigrate to US because there is more predictability and accountability in all walks of life when compared to other countries. Lately that has been changing for what ever reasons in the US, while other countries are emulating US's past success formula. There is a difference between in thought process of "deserve it" or "will take what ever I am given". Its not the US government that is letting any one talk. The underpinning principles of this country that make people talk. I think people on the forum are asking for some predictability and accountability after years of mishaps. If you feel that you have no rights what so ever thats fine. It appears a bit premature to say and "We have NO RIGHTS WHATSOEVER to ask for ".
Are you saying that USCIS bestowed up on every EB based immigrant with H1B visas and did all of us a huge favor? The simple point is there is a need and all of us happened to be the applicants. If there was never a need, none of us would have been here, irrespective of how many applications came in. People immigrate to US because there is more predictability and accountability in all walks of life when compared to other countries. Lately that has been changing for what ever reasons in the US, while other countries are emulating US's past success formula. There is a difference between in thought process of "deserve it" or "will take what ever I am given". Its not the US government that is letting any one talk. The underpinning principles of this country that make people talk. I think people on the forum are asking for some predictability and accountability after years of mishaps. If you feel that you have no rights what so ever thats fine. It appears a bit premature to say and "We have NO RIGHTS WHATSOEVER to ask for ".
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EkAurAaya
07-11 02:20 PM
.
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:
more...
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satyab7
04-25 11:46 AM
IV , Please consider this as a popular request. I am sure all members of IV would agree to this as well.
I agree ,It would great Priority date must be arrived date - If I am rightly informed, in case of L1 it is so I think.
Thanks.
I agree ,It would great Priority date must be arrived date - If I am rightly informed, in case of L1 it is so I think.
Thanks.
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HV000
07-23 12:42 PM
DEMOCRATIC SENATORS like Hilary, Biden, Obama, Kerry, Kennedy,
Dodd, Durbin blah blahed a lot for ILLEGAL IMMIGRATION but DID NOT HELP SKILLED IMMIGRANTS!!!
MOST OF THE REPUBLICANS HELPED US!!
Dodd, Durbin blah blahed a lot for ILLEGAL IMMIGRATION but DID NOT HELP SKILLED IMMIGRANTS!!!
MOST OF THE REPUBLICANS HELPED US!!
more...
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santb1975
05-27 11:49 PM
not good
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santb1975
07-16 11:19 AM
Even though I am a recurring contributor and I contribute to IV on top of my recurring contributions I had to make a contribution towards this campaign. Keep up the Good Work. See Details below:
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
more...
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jonty_11
07-23 03:30 PM
one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years
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FSL
09-10 11:19 AM
This might be good news for EB3 ROW guys like me? PD AUG 2003 still waiting?
Any thoughts ? EB3 ROW visas were unavailable !!
Any thoughts ? EB3 ROW visas were unavailable !!
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hebbar77
09-11 08:53 PM
I am in . What do we do. flowers with calculators or a simple math book seems a good idea.
GCBy3000
08-02 04:01 PM
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?
Ooops, i missed this in my original post. This is true for Nebraska service centre.
I am not sure about the other service centre. Sorry dudes.
Ooops, i missed this in my original post. This is true for Nebraska service centre.
I am not sure about the other service centre. Sorry dudes.
psaxena
06-11 04:34 PM
hey if you know more about goa, please PM me , I want to retire their.. I was in Goa in 1993. It was beautiful that time..
Although I can think of better drinks, and Goa isn't what it used to be any more. :)
jazz
Although I can think of better drinks, and Goa isn't what it used to be any more. :)
jazz
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