yoda
09-13 12:54 PM
State coordinators and the team from states with a large immigrant population like the IL, MI, FL, GA, AZ.. Where art thou?
Please remove some time to send the rally information to the important radio stations (Public Radio) and your state's/town's largest newspapers..
We are on the final leg of our run folks, lets give it the final push!
Please remove some time to send the rally information to the important radio stations (Public Radio) and your state's/town's largest newspapers..
We are on the final leg of our run folks, lets give it the final push!
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indio0617
03-16 10:11 AM
I just called the number. No answer. Will try again...
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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jimytomy
04-12 06:49 AM
...nothing yet.
Did anyone else get any update?
We all hope you see ( Green Light) light at the end of tunnel ...soon
Did anyone else get any update?
We all hope you see ( Green Light) light at the end of tunnel ...soon
more...
test101
07-05 02:35 PM
Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.
awsome.. that's a good news....good luck
awsome.. that's a good news....good luck
vparam
07-21 10:46 AM
Currently it takes about 80-90 days for EAD when the 485 was just trickle, with the june filers it was expected to become more towards 90 days +. based on that with deluge of applications it will take around 6 months for july filers.
please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.
So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.
please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.
So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.
more...
WeShallOvercome
07-20 02:32 PM
Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
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BharatPremi
07-05 05:18 PM
Can you please tell me the senators office you called so that I can call them too ..:) more calls the better
In which state you are? Did you call your senators , if yes please put the name of state and senators name here..so I can match with my list and tell you that whether I called them or not.
In which state you are? Did you call your senators , if yes please put the name of state and senators name here..so I can match with my list and tell you that whether I called them or not.
more...
Macaca
09-14 06:25 PM
Foreign workers with skills find open door After waffling, the U.S. suspends the wait to apply for green cards (http://immigrationvoice.org/forum/showpost.php?p=127944&postcount=788) By Teresa Watanabe (teresa.watanabe@latimes.com) | Times Staff Writer, July 21, 2007
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guy03062
04-25 08:56 AM
It is absolutely make sense. We should push amendment for PD to be considered as date of arrival in USA (first time) or may be date on which one has started working (if employment based immigration). It is ridiculous to have PD based on labor, as there is no certainity when will employer file the labor or how many times in this dynamic environment!!
Also we should ask if one's I-140 is approved and visa is retrogressed, he should allow portability immediately! I mean no need to start GC process all over again if such person change the job.
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
Also we should ask if one's I-140 is approved and visa is retrogressed, he should allow portability immediately! I mean no need to start GC process all over again if such person change the job.
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
more...
kondur_007
12-16 07:50 PM
But million dollar question is when they will apply spillover visa?
I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.
I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.
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Sachin_Stock
08-23 09:49 AM
Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
more...
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chisinau
07-23 02:46 AM
My attorney told me that there is a chanse that they will be able to approve my DS230 this time, before the retro will hit us again in August. Hope his data is correct. Usually they need 5 - 8 weeks for DS230. And as far as I understand the process, they work with DS230 only if your PD is current, so until the 17-th of August we might hear some good news about DS230. But this is the only positive outcome of the July VB for us.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
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akp
07-20 12:37 PM
If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D
more...
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eb3_nepa
07-06 12:13 PM
They are covering their STINKIN A**
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smc
09-29 08:15 AM
If this guy Emilio were the CEO of a company here, and if they wasted visa numbers in October after announcing in July that they had exhaused all of them, he would be fired almost immediately.
I guess they think that they are not answerable to anyone, so they can get away with it.There is no one to question them.
I guess they think that they are not answerable to anyone, so they can get away with it.There is no one to question them.
more...
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mayitbesoon
01-22 11:42 AM
does anyone know the timeframe of receipt date being processed for I-140 at TSC?
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saimrathi
08-10 03:25 PM
Congrats!! Please contribute to IV!
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
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gemini23
09-27 11:48 AM
Hi inspectorfox,
you dont need to give any test for renewing DL in NJ untill 3 years after the expirydate of the DL. Only after 3 years of expiry, you will need to give a written test.
I got this info from the NJ DMV office a few weeks ago.
NY WILL ISSUE DRIVER�S LICENSES REGARDLESS OF IMMIGRATION STATUS...
http://www.nytimes.com/2007/09/22/nyregion/22licenses.html
Legal immigrants carry on suffering... My NJ Drivers License expires tomorrow and my H1B extension just got approved yesterday. NJ DMV won't renew my license without the original approval notice and I may have to take the written test again once the license expires.,
you dont need to give any test for renewing DL in NJ untill 3 years after the expirydate of the DL. Only after 3 years of expiry, you will need to give a written test.
I got this info from the NJ DMV office a few weeks ago.
NY WILL ISSUE DRIVER�S LICENSES REGARDLESS OF IMMIGRATION STATUS...
http://www.nytimes.com/2007/09/22/nyregion/22licenses.html
Legal immigrants carry on suffering... My NJ Drivers License expires tomorrow and my H1B extension just got approved yesterday. NJ DMV won't renew my license without the original approval notice and I may have to take the written test again once the license expires.,
peyton sawyer
08-02 08:30 AM
hey..
sorry wasn't able to notice we have the same inquiry about ds230..
anyway, you can check your case status thru automated phone system, check out the phone number in the accompanying letter you got from nvc lately.. just use touch-tone telephone
sorry wasn't able to notice we have the same inquiry about ds230..
anyway, you can check your case status thru automated phone system, check out the phone number in the accompanying letter you got from nvc lately.. just use touch-tone telephone
nk2006
07-06 01:10 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.
Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)
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