thadipalam
11-19 10:40 PM
Hi lwpd,
Is this true?
"If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you "
Thanks
-JB
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
Is this true?
"If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you "
Thanks
-JB
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
wallpaper Nike LeBron 8 P.S.
gimmeacard
07-13 05:02 PM
See the attachment which I had come across in this forum and saved it
Hope this is helpful.
just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait for me now.
Hope this is helpful.
just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait for me now.
jkays94
07-10 02:39 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
2011 Nike Lebron 8
abhishek101
06-15 11:36 AM
as a 501(3)(C) organization immigration voice has is limited in its efforts to contribute for any cause, while it can spend a max of 30 % (lawyers please comment) on Advocacy but it cannot do political campaigns openly, if people want to contribute and defeat Sen Grassley they need a 501(4) type of non profit.
more...
javadeveloper
12-11 12:33 PM
Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.
Compare that with US consulate and DOS VISA bulletin and GC process...
Agreed
Compare that with US consulate and DOS VISA bulletin and GC process...
Agreed
thomachan72
04-11 10:06 AM
technical issue....dont know why but cant go to page 5.. this post is just to take me to the 5th page....pls ignore
more...
rimzhim
01-28 09:45 AM
The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don’t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
2010 nike lebron 8 ps men#39;s
spicy_guy
07-12 04:27 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D
Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D
more...
number30
10-11 07:13 PM
Damn, I miss India now.
We went to Marriage of my classmate which was in Srinagar J&K. Police caught us in on the road and we did not have any kind of identification. We started to talk in Kannada with ourselves. This guy let us go by seeing us talking some south Indian language. It happens everywhere. If you are going within 100 mile range from the border it is better to carry the documents. If you are flaying you got carry. I stayed in Buffalo NY for a quite long time I never carried a passport for Niagara falls or to any other places.
We went to Marriage of my classmate which was in Srinagar J&K. Police caught us in on the road and we did not have any kind of identification. We started to talk in Kannada with ourselves. This guy let us go by seeing us talking some south Indian language. It happens everywhere. If you are going within 100 mile range from the border it is better to carry the documents. If you are flaying you got carry. I stayed in Buffalo NY for a quite long time I never carried a passport for Niagara falls or to any other places.
hair Style: 441946-100. Nike
eb3_2004
06-23 08:28 AM
I am filling I485 for my spouse..In part 2 of the application which option should i choose for spouse( a and b sound logical for spouse). please tell me which one to fill
more...
gcseeker2002
12-27 10:38 AM
Dubai - no issues without valid stamp
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
hot Nike LeBron 8 P.S.
kondur_007
04-09 06:22 PM
This is an "Ouch..." visa bulletin.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
more...
house Nike lebron air max 8 PS men#39;s
frostrated
09-09 03:09 PM
For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
tattoo nike lebron 8 ps white lack
.jpg "2011 Nike air max lebron 8 PS")
alex99
04-08 09:05 AM
Thanks for your response BharatPremi .
more...
pictures Lebron+8+ps+lack+and+red
nitinboston
04-10 01:02 AM
i have been on this forum for some time now, something i still am trying to understand is, IS GC A RIGHT OR A PRIVILEGE? if its a right i am all for fighting for it but if its a privilege bestowed by this nation on immigrants why don't we just kneel and pray instead of crying foul.
dresses A LOok @ the Nike LeBron 8
Macaca
01-31 04:52 PM
I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
BTW , he has no plans to travel out of country so stamping is not an issue.
Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.
I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.
It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.
There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.
BTW , he has no plans to travel out of country so stamping is not an issue.
Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.
I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.
It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.
There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.
more...
makeup February 11, 2011. nike
vandanaverdia
09-11 04:31 PM
One more person can add strength...
One more person can make a difference...
That ONE person can be YOU!!!
What is stopping you from coming to DC....
Come to DC & lets all join hands as ONE!!!!!!
TOGETHER WE CAN MAKE IT HAPPEN!!!!!
One more person can make a difference...
That ONE person can be YOU!!!
What is stopping you from coming to DC....
Come to DC & lets all join hands as ONE!!!!!!
TOGETHER WE CAN MAKE IT HAPPEN!!!!!
girlfriend 2011 Nike air max lebron 8 PS
axp817
05-26 07:12 PM
Entire state of NH is within 100 miles of Canada.
No it isn't. :p
http://maps.google.com/maps?f=q&source=s_q&hl=en&q=keene,+nh+to+colebrook,+nh&sll=44.531759,-71.30127&sspn=1.969612,4.921875&ie=UTF8&ll=43.893934,-71.806641&spn=1.991056,4.921875&z=8&saddr=keene,+nh&daddr=colebrook,+nh
The White mountain area probably is within a 100 miles of Canada though.
Jokes aside,
I read a similar rant on IV a few years ago, that was when I learned about this rule/law/requirement (immigrants required to carry immigration documents on them).
These days, I don't ever leave home without my EAD card, if I am going anywhere within driving distance of where I live. If I fly, I usually carry my passport as well (not sure if that is any good since I am on AOS exclusively, but I do).
No it isn't. :p
http://maps.google.com/maps?f=q&source=s_q&hl=en&q=keene,+nh+to+colebrook,+nh&sll=44.531759,-71.30127&sspn=1.969612,4.921875&ie=UTF8&ll=43.893934,-71.806641&spn=1.991056,4.921875&z=8&saddr=keene,+nh&daddr=colebrook,+nh
The White mountain area probably is within a 100 miles of Canada though.
Jokes aside,
I read a similar rant on IV a few years ago, that was when I learned about this rule/law/requirement (immigrants required to carry immigration documents on them).
These days, I don't ever leave home without my EAD card, if I am going anywhere within driving distance of where I live. If I fly, I usually carry my passport as well (not sure if that is any good since I am on AOS exclusively, but I do).
hairstyles LeBron 8 PS Black/Sport
angelfire76
02-14 09:25 PM
The pint is well made....
See the history... all big things ( godd or evil ) started small....
How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????
85000 x 6 = 410k. Of which let's assume that around 30-35k are taken by Indian companies who generally don't use the H1B time to the same extent as local companies or desi consultancies. It still leaves around 300k jobs that could be vacated by force.
Even 30k jobs added "back" to the available pool for American workers is a PR victory for the administration. Besides nobody likes us anyway, which is another PR coup for the antis.
See the history... all big things ( godd or evil ) started small....
How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????
85000 x 6 = 410k. Of which let's assume that around 30-35k are taken by Indian companies who generally don't use the H1B time to the same extent as local companies or desi consultancies. It still leaves around 300k jobs that could be vacated by force.
Even 30k jobs added "back" to the available pool for American workers is a PR victory for the administration. Besides nobody likes us anyway, which is another PR coup for the antis.
memyselfandus
09-18 11:40 PM
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
1. We must immediately change our name to LegalImmigrationVoice.com( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
This is my from of contribution.
1. We must immediately change our name to LegalImmigrationVoice.com( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
lacrossegc
07-11 02:20 PM
My details:
Case # D-05175-8nnnn
PD : 13th January, 2003
SWA: WI/Non-RIR/EB3
Never made to Regional
45 Day Letter Recd & Replied: 05/2/06
Job Posted on AJB: 04/12/07
RI Received: 04/17/07
Recruitment Period: 04/27/2007-05/28/2007
Recruitment docs submitted: 06/28/2007
BEC Online Status: In-Process
Case # D-05175-8nnnn
PD : 13th January, 2003
SWA: WI/Non-RIR/EB3
Never made to Regional
45 Day Letter Recd & Replied: 05/2/06
Job Posted on AJB: 04/12/07
RI Received: 04/17/07
Recruitment Period: 04/27/2007-05/28/2007
Recruitment docs submitted: 06/28/2007
BEC Online Status: In-Process
(ex).jpg)
0 comments:
Post a Comment