Abhi_OneDay
08-24 03:20 PM
My I-140 was filed in EB2 on the 18th of August and I was heart broken this morning when I came across this memo on IV this morning....I do not have a US Masters and was banking on my Bachelors + 5 years to qualify....My attorney sent me the following reply
"This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."
Not sure about her comments, what do u guys think?
I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.
Please let me know what you guys think?
"This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."
Not sure about her comments, what do u guys think?
I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.
Please let me know what you guys think?
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chanduv23
11-20 08:54 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
jayleno
10-17 03:20 PM
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
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ashutrip
06-22 11:28 AM
Visa Bulletin suggests that severe cut-off date retrogressions are likely to occur early in FY 2008, which starts on October 1, 2007.
So we still have some time on our side.
Hope will keep us alive!!
So we still have some time on our side.
Hope will keep us alive!!
more...
MDix
08-23 09:17 AM
If they could they would have, but unfortunately judgment doesn't talk anything about Multinational manager.They tried to extend he finding of EB1 to EB2. I believe even thought this strictly applies to EB2 without M.S. But things will get tough for EB2 Master also ......
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
bestofall
09-12 04:48 PM
for any IV core agreed plan
more...
ragz4u
03-09 08:34 AM
They are debating whether the current 2000 border troops should be increased to 2400
2010 Smile, Keira!!! :P
bigboy007
06-02 07:53 PM
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
more...
lonedesi
08-06 12:45 PM
Please leave a comment on this thread after you have mailed the Form & letter. We need to get an idea regarding how many people actually took the time to send out the letters. Your post will motivate people who are just watching to join us in this campaign.
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reedandbamboo
09-12 07:20 AM
while you'll contemplate raising the funds and resources for the lawsuit AND try to figure out the rationale for the reverse movement in dates AND while you'll ponder the unfairness of it all, please visit this thread and join us in VOICING OUR DISSATISFACTION:
http://immigrationvoice.org/forum/showthread.php?t=21340
http://immigrationvoice.org/forum/showthread.php?t=21340
more...
reddymjm
09-22 06:49 PM
I just printed mine and will mail them tomorrow.
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saileshdude
05-20 05:14 PM
Thanks to Chanduv23 and others IV members who are trying to address this issue.
more...
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ssk1127
08-23 06:14 PM
I am just a reader of IV but this article made me to reply and below are my thoughts regarding the PM
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
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pointlesswait
12-11 09:25 AM
There are so many who missed the July 07...
we should try to seek temporary relief..allowing to file for 485 even without PD veing current.
CIR will happen when it has to happen..maybe after the health bill ...but IV not doing anything else while waiting for it is sad....
I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....
we should try to seek temporary relief..allowing to file for 485 even without PD veing current.
CIR will happen when it has to happen..maybe after the health bill ...but IV not doing anything else while waiting for it is sad....
I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....
more...
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nc14
05-31 09:27 AM
$50 recurring sent to IV yesterday.
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
Yes we have to
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
Yes we have to
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wanna_immigrate
03-15 02:47 PM
...raised an SR, sent an interfiling request, but still no LUD yet.
If you check OP and other posters in this discussion, looks like it took around 2 months for all of them.
Did you mean in 2 months after interfiling they got 485 approved? Please clarify.
If you check OP and other posters in this discussion, looks like it took around 2 months for all of them.
Did you mean in 2 months after interfiling they got 485 approved? Please clarify.
more...
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braindrain
07-15 05:11 PM
Mailed Cheque for $10
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BPforGC
03-05 02:36 PM
No labor (NIW). PD April 2007. 485 in July 2007. All @ NSC
My wife got RFE. Answered and received by USCIS on 26th Nov 2008. States "RFE received, case processing resumed". Soft on 2/25/2009.
My 485: Case received on 24th July 2007... blah..blah...blah. Soft LUD 11/10/2008.
EADs are approved and later renewed in 9-10 days (yes, 9-10 DAYS, USCIS is lightning fast in this aspect) at TSC, 2 yr EAD.
NSC says my preadjudication complete, FBI cleared and waiting to be assigned to an officer. Same case as others "pending...VISA availability".
Unless there is a legislation change, I have to wait till PD becomes current. However, the adjudication office can override the PD and allocate VISA number with a justification. This has happened to many people, so PD and VISA allocation is not an absolute must.
Lets hope....:D
My wife got RFE. Answered and received by USCIS on 26th Nov 2008. States "RFE received, case processing resumed". Soft on 2/25/2009.
My 485: Case received on 24th July 2007... blah..blah...blah. Soft LUD 11/10/2008.
EADs are approved and later renewed in 9-10 days (yes, 9-10 DAYS, USCIS is lightning fast in this aspect) at TSC, 2 yr EAD.
NSC says my preadjudication complete, FBI cleared and waiting to be assigned to an officer. Same case as others "pending...VISA availability".
Unless there is a legislation change, I have to wait till PD becomes current. However, the adjudication office can override the PD and allocate VISA number with a justification. This has happened to many people, so PD and VISA allocation is not an absolute must.
Lets hope....:D
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Jeniya2006feb27INDIA
11-06 04:03 AM
I read somwhere that another bill is in que of senete for allowing the reinstatement of schedule A
is it true? if yes, is there any chance that it will become a bill
is it true? if yes, is there any chance that it will become a bill
chanduv23
09-12 11:07 AM
In my opinion
(1) Community must unite
(2) People must come out of anonymity by providing true information
(3) People must walk the talk - just not open threads and keep discussing
(4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively
The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.
Can we all get organized?
Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.
I would rather recommend
(1) Lets get organized
(2) Give out proper information
(3) Pledge wholehearted support
(4) Be committed
(5) Join a state chapter
(6) Expand the community
(7) Work hard
(8) gather support
(9) take initiatives to lead - support will follow
(10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
(11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds
Is everyone ready to do the above?
(1) Community must unite
(2) People must come out of anonymity by providing true information
(3) People must walk the talk - just not open threads and keep discussing
(4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively
The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.
Can we all get organized?
Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.
I would rather recommend
(1) Lets get organized
(2) Give out proper information
(3) Pledge wholehearted support
(4) Be committed
(5) Join a state chapter
(6) Expand the community
(7) Work hard
(8) gather support
(9) take initiatives to lead - support will follow
(10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
(11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds
Is everyone ready to do the above?
indyanguy
11-01 09:37 PM
Has anyone done and research on what are the benefits of being LLC- S(single self employed) or to work for your wife's company (after she gets EAD) as compared to being on a regular payroll in a company..
I know you can show up your car/ cellphone/ homephone/ and some misc food expenses as for your business.
Has anyone done any detailed research on what is better?
I have the same question. Any answers?
Thanks
I know you can show up your car/ cellphone/ homephone/ and some misc food expenses as for your business.
Has anyone done any detailed research on what is better?
I have the same question. Any answers?
Thanks
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