gc28262
04-11 02:07 PM
And you inferred this from EB3 Mexico becoming Unavailable in month of May.
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
wallpaper wallpaper naruto
willigetgc?
08-10 10:30 PM
i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation
I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.
but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.
i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.
is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.
i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.
i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.
just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.
I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......
After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.
I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.
but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.
i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.
is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.
i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.
i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.
just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.
I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......
After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.
pappu
04-06 07:39 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
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anilsal
12-12 03:40 PM
Here is an article that has some info on the non-ability to file 485.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
reddog
09-19 11:50 AM
nojoke, do you even have a job?
why on earth are you so worried.
Your rants are getting endless, you are spreading pessimism everywhere. like you were a hedge fund manager and are going to file bankruptcy.
btw, during the dotcom thing, just the telecom company hit was close to $750 billion. And with the big VC funded ventures completely got wiped out, the losses were much large.
also the people that were affected, huge job losses. thousands of people showing up at small job fairs. it was a recession. economies go into recession, and come out of it.
And media likes pessimism, they like destruction, mayhem. If you have not figured that out yet, it is time.
yes, some of the concerns are valid, but you talk like nostradamus, as if you know whats happenin. like the country is going to pack its bags and every citizen is going back to where their ancestors came from. get real.
economies fail, its how much time it takes to bounce back is what matters.
I would say just chill, spend quality hours at your job then you did before, keep it secure, spend time with your family. live your life happily.
We are citizens of the world and with the globalization that has spread, the ripple effect is going to be felt far and wide.
These Investment banks has presence in over 50 countries worldwide.
You can run, but you cannot hide.
Everybody understands that we get this ups and down. The cycles once in a while gets bad. Very bad. We had great depression. This could be a great depression for the financial market. Lehman, which has survived 150 years and many economic cycles closed 2 days ago. So did Bear strerns fold. The dotcom bubble is what - 100 billion max? 200 billion? Here we are talking about trillion dollars.
FDIC has only 50 billion. It can cover a big bank like washington mutual. Can it take another big bank? Wachovia?
This time it is not going to strengthen US position. China is talking about creating a separate world currency and they are not happy with US currency. If china dumps, dollars, a lot of countries will follow.
This is just financial institues. It will have ripple effect on rest of the economy.
FDIC doesn't protect more than 100K if you open different accounts in the same bank. However joint accounts and beneficiary can get you protected for 200K.
why on earth are you so worried.
Your rants are getting endless, you are spreading pessimism everywhere. like you were a hedge fund manager and are going to file bankruptcy.
btw, during the dotcom thing, just the telecom company hit was close to $750 billion. And with the big VC funded ventures completely got wiped out, the losses were much large.
also the people that were affected, huge job losses. thousands of people showing up at small job fairs. it was a recession. economies go into recession, and come out of it.
And media likes pessimism, they like destruction, mayhem. If you have not figured that out yet, it is time.
yes, some of the concerns are valid, but you talk like nostradamus, as if you know whats happenin. like the country is going to pack its bags and every citizen is going back to where their ancestors came from. get real.
economies fail, its how much time it takes to bounce back is what matters.
I would say just chill, spend quality hours at your job then you did before, keep it secure, spend time with your family. live your life happily.
We are citizens of the world and with the globalization that has spread, the ripple effect is going to be felt far and wide.
These Investment banks has presence in over 50 countries worldwide.
You can run, but you cannot hide.
Everybody understands that we get this ups and down. The cycles once in a while gets bad. Very bad. We had great depression. This could be a great depression for the financial market. Lehman, which has survived 150 years and many economic cycles closed 2 days ago. So did Bear strerns fold. The dotcom bubble is what - 100 billion max? 200 billion? Here we are talking about trillion dollars.
FDIC has only 50 billion. It can cover a big bank like washington mutual. Can it take another big bank? Wachovia?
This time it is not going to strengthen US position. China is talking about creating a separate world currency and they are not happy with US currency. If china dumps, dollars, a lot of countries will follow.
This is just financial institues. It will have ripple effect on rest of the economy.
FDIC doesn't protect more than 100K if you open different accounts in the same bank. However joint accounts and beneficiary can get you protected for 200K.
more...
godbole_sanjaya
01-17 08:33 AM
Hello All,
How about flashing the total contribution so far and the amount pending to make the target on the home-page?
Hopefull, this might be inspiring.
How about flashing the total contribution so far and the amount pending to make the target on the home-page?
Hopefull, this might be inspiring.
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Catherine
03-09 09:57 AM
I don't have many but I can contribute a few Continental airmiles if this would help? How do I go about it?
Thank you and good luck in DC!
Thank you and good luck in DC!
more...
dummgelauft
05-29 10:25 AM
I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
If you are using EAD, even better, carry the darned EAD card in your pocket...
I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching that fence, much less sneak in, they will shoot him between your eyes.
The Mexican border needs to be handed over to the US army or the National Guard.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
If you are using EAD, even better, carry the darned EAD card in your pocket...
I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching that fence, much less sneak in, they will shoot him between your eyes.
The Mexican border needs to be handed over to the US army or the National Guard.
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akhilmahajan
09-11 10:06 AM
09/11/2008: Visa Recapture and Nursing Relief Bills Pushed Off to a Later Date by the House Judiciary Committee Yesterday
To a great disappointment to the business and higher learning institution communities, the House Judiciary was not able to debate these bills yesterday for a procedural matter and pushed off to a later date for its action. Please stay tuned to this website for the follow-ups.
To a great disappointment to the business and higher learning institution communities, the House Judiciary was not able to debate these bills yesterday for a procedural matter and pushed off to a later date for its action. Please stay tuned to this website for the follow-ups.
more...
nomad
07-17 12:58 AM
IVers,
I have created a blog entry here http://utubecitizen.blogspot.com/ regarding numbersusa.com
I have gone through all the posts in this thread, and have taken some of the members comments/points. Am planning to reveal true colors of Lou Dobb, and Tancredo etc in the following days. Please check it out. Please dont consider it as an advt.
thanks
I have created a blog entry here http://utubecitizen.blogspot.com/ regarding numbersusa.com
I have gone through all the posts in this thread, and have taken some of the members comments/points. Am planning to reveal true colors of Lou Dobb, and Tancredo etc in the following days. Please check it out. Please dont consider it as an advt.
thanks
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eb3_nepa
07-05 12:10 PM
FIRST make the Forums Viewable ONLY by members who are signed in. Currently you need to sign in only to POST.
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yabayaba
08-11 02:23 PM
Also Could me in..
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mi2
11-17 04:57 PM
I don't care if the company is kind enought or not. Damn it .....it's my life and I want to control my own destiny.... a green card , red card, yellow card cannot make me beg anybody !! I have decided that I will keep switching on extensions and keep getting three extensions ....
If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....
EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!
I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....
EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!
I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
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ps57002
09-19 03:52 PM
I checked LIV.org, this domain name is available for sale....we need to see if we can get this.....
I like it cause it sounds like "Live life"...and we want to live as well and not be stuck in limbo of this process for GC.
I like it cause it sounds like "Live life"...and we want to live as well and not be stuck in limbo of this process for GC.
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feedfront
10-12 01:33 PM
feedfront
I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.
Please let me know.
Thanks,
Hi 'akilhere',
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.
Please let me know.
Thanks,
Hi 'akilhere',
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
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06-08 06:03 PM
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BharatPremi
03-17 04:45 PM
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
diptam
07-24 11:14 AM
Guys,
I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.
If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.
Thanks,
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.
If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.
Thanks,
I will try to dig out the actual memo. But this is from the oh law firm page:
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06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
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rajuseattle
07-14 07:14 PM
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
