waitingmygc
05-18 03:44 PM
Hi ind_game, attorney and all readers,
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
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vactorboy29
06-11 05:59 PM
I have been investing in Lottery every week 1$ .Hoping I may hit Jackpot and Donate some money to our community.
My optimism says I may win lottery before I get green card or US congress works in our favor. Till then keep my finger cross..................
My optimism says I may win lottery before I get green card or US congress works in our favor. Till then keep my finger cross..................
axp817
11-26 10:21 AM
Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!
Thank you, I'll keep everyone posted if anything changes.
I called USCIS customer service to ask for the attorney name on file and they said that they didn't have access to that information and I would have to get an Infopass appointment for that. Given the crap that ChanduV had to deal with (for changing jobs on AC21) during his infopass appointment, it is probably best I just wait to ask that question until my second biometric appointment is due in a few months.
Thanks,
Thank you, I'll keep everyone posted if anything changes.
I called USCIS customer service to ask for the attorney name on file and they said that they didn't have access to that information and I would have to get an Infopass appointment for that. Given the crap that ChanduV had to deal with (for changing jobs on AC21) during his infopass appointment, it is probably best I just wait to ask that question until my second biometric appointment is due in a few months.
Thanks,
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Bharam
03-27 03:05 PM
Still waiting for 45 day letter
more...
willwin
04-01 11:53 AM
If the system is flawed, any effort to work it out to get things done would seem incompetent and inefficient. First off, this guessing game by USCIS of estimating visa applications and asking for visa numbers from DHS is so neondartal and ridiculous.
Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
dummgelauft
04-30 10:23 AM
I don't know where the phone campaign stands in light of this
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
POTUS has openly declared "no appetite for CIR"...
So, I guess, all we can do is eat the kela that has once again been given to us...
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
POTUS has openly declared "no appetite for CIR"...
So, I guess, all we can do is eat the kela that has once again been given to us...
more...
saibabu_d
07-18 01:28 AM
You said: "all applications are pre-adjudicated".
What do they complete in pre-adjudication process?
Thanks
What do they complete in pre-adjudication process?
Thanks
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susie
07-15 12:12 PM
I thought about posting my case details and now the complaint has been filed feel it is only fair to share with others as my case could set a presidence for others
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
more...
gene77
03-14 10:44 PM
Sent interfiling request on Mar-03 and raised a SR last week. No LUDs yet .....
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songlan
04-25 09:16 AM
Pushing too much requests into amendends means to get more risks to be removed /denied. Please satisfiy with 1/2 what you are dreaming of. Moreover, IV core group is too much busy with the existing goals (Existing goal = file 485 despite the "current date" , h4 wifes get EAD ...). IV core group need energy for the more realistic goal.
more...
meridiani.planum
09-11 11:29 PM
Can one even file a lawsuit against USCIS ?? :D
this is the United States. You can file a lawsuit against ANYONE :D
this is the United States. You can file a lawsuit against ANYONE :D
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pcs
07-05 10:57 AM
We need to have sticky & web fax on this issue
more...
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andy007
07-05 07:39 PM
Hi Folks-
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Perfect .. everybody should know how we are suffering .. since monday.. this is not fair at alll for legal Immigrants.......... We will hear good news soon from USCIS/DOS People............
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Perfect .. everybody should know how we are suffering .. since monday.. this is not fair at alll for legal Immigrants.......... We will hear good news soon from USCIS/DOS People............
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Ram_C
09-28 06:52 PM
not that it makes a huge difference, are they atleast trying to use some of the visa numbers by working over this weekend???
more...
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kalparikh
08-02 04:32 PM
I am july 2nd filer!!!!!
I spoke to NSC today and they told me that he told me that you need to wait 45 days. OR your check is cashed, there is no way they can check tes system and find out the status for you.
I am glad it will be done this week end!!!!
KP
I have talked to a representative and he very patiently explained me about the mess.
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
This is true for NSC only.
I spoke to NSC today and they told me that he told me that you need to wait 45 days. OR your check is cashed, there is no way they can check tes system and find out the status for you.
I am glad it will be done this week end!!!!
KP
I have talked to a representative and he very patiently explained me about the mess.
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
This is true for NSC only.
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pcs
07-05 10:57 AM
We need to have sticky & web fax on this issue
more...
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pappu
08-12 12:39 PM
Why the double standard of Democrats??? Why the hell this philosophy is not being used for illegal??? Why the hell they opposing AZ law?
At least, body shoppers are not breaking the law like illegals are breaking.
Hats off Democrats for your double standard.
Imagine what would have happened if they put a fraud fee to every employer caught employing an undocumented. It would have helped reduce undocumented crossing and employed by US employers but also used the same money from fraud penalty to secure the borders.
At least, body shoppers are not breaking the law like illegals are breaking.
Hats off Democrats for your double standard.
Imagine what would have happened if they put a fraud fee to every employer caught employing an undocumented. It would have helped reduce undocumented crossing and employed by US employers but also used the same money from fraud penalty to secure the borders.
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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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eb3_nepa
07-05 01:19 PM
People Instead of "PREDICTING" what will happen in Oct 2007, Call and FAX Now!!
My local Congressman's office was very sympathetic and will look into it. Unless you make a noise, no one will hear you or even care.
My local Congressman's office was very sympathetic and will look into it. Unless you make a noise, no one will hear you or even care.
smarteey
12-28 01:59 PM
Hi Jimmi,
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
eb3_nepa
07-14 02:45 PM
I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
Can anyone using PNC bank please help Caliber? Surely someone or the other uses PNC bank on here.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
Can anyone using PNC bank please help Caliber? Surely someone or the other uses PNC bank on here.
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