pappu
07-24 10:56 AM
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."
---
---
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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styrum
01-18 04:05 PM
Looks like if you already have EAD that can be considered a "certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section". Then you don't need the passport or other forms. Those still on H1B but without EAD then must carry a passport with a valid I-94 detached from I797 and stapled to the passport or the entire I797 with I-94 still attached, or the I485 receipt.
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
delhirocks
07-01 10:16 PM
I am amazed to see these new born baby members cropping up these days from nowwhere questioning IV. No wonder we are popular and feared by anti immigrants. If you guys think IV cannot do something, then go have beer and eat chips. If you think IV can do something, then tell your lobbyists to oppose our lobbyists and stop us.
Well...I guess its a good sign if thats what happening...
Well...I guess its a good sign if thats what happening...
2011 goes into a loose sexy and
jetguy777
03-09 12:53 PM
by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........
so what happened to the quareterly spill over ???????????
Last year's April visa bulletin contained the following note:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
"Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially. "
At the risk of stating the obvious there was not any spillover this month but there is hope that we may see spillover in future months.
so what happened to the quareterly spill over ???????????
Last year's April visa bulletin contained the following note:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
"Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially. "
At the risk of stating the obvious there was not any spillover this month but there is hope that we may see spillover in future months.
more...
srr_2007
04-01 11:34 AM
This is the new trend among the Desi consulting firms in NJ area. I don�t know about other areas. These days they don't want to hire a person with tons of experience. Because the experienced ask more benefits and can't be exploited to the same extend as an F1 OPT candidate.
Recently I spoke with many Desi consulting companies to change my job and most of them were offering less than what I get today. Later, I spoke to the consultants on bench/training and learned about the OPT candidates.
Another thing, at the client site if you are a Corp candidate then they don't believe your resume and expect you to prove yourself at the work. Not a problem for an experience candidate to prove his or her capabilities, but the whole process shatters your morale and at some point it becomes a problem.
Recently I spoke with many Desi consulting companies to change my job and most of them were offering less than what I get today. Later, I spoke to the consultants on bench/training and learned about the OPT candidates.
Another thing, at the client site if you are a Corp candidate then they don't believe your resume and expect you to prove yourself at the work. Not a problem for an experience candidate to prove his or her capabilities, but the whole process shatters your morale and at some point it becomes a problem.
msyedy
06-12 09:04 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
more...
gc_aspirant_prasad
07-09 04:07 PM
Hatz off to that lady... Lot of us are still thinking to fill law-suit against USCIS/DOS.... We should act fast now and file law-suit rather than just waiting and discussing here. I felt bad some people even asked when will be outcome of that law-suit....That clearly tells you are going to wait till the out come of it and you will file law-suit....
Weird........Weird...Weird
If the class is certified, we may want to join that class rather than have separate lawsuits.
Weird........Weird...Weird
If the class is certified, we may want to join that class rather than have separate lawsuits.
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greencard_fever
07-28 04:12 PM
Admin Please Please Please Please Please Please Please Please Please Please Please Please Please Please Closeee this Threadddddd
more...
Pending
04-08 01:24 PM
I did contact Senator/Congress persons, and it it didn't help the FBI does not repond to congresional inquirie concerning name check.
All eyes are focused on the immigration bill at this point, so expect no help.
I am pending name check since 2002.
All eyes are focused on the immigration bill at this point, so expect no help.
I am pending name check since 2002.
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gkdgopi
07-13 09:27 PM
Whoever supports our cause are our friends irrespective of their motives, we need as much support as we can get now. my 2 cents.
more...
thirdworldman
02-15 09:17 PM
I don't usually like to post until I'm done, but here's what I've got so far; I'm going the "light study" route.
http://www.tweakmedia.com/casey/3dsubway.jpg
http://www.tweakmedia.com/casey/3dsubway.jpg
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dealsnet
08-21 11:14 PM
Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
more...
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optimystic
03-18 03:47 PM
Just a question out of curiosity....why would someone choose 'taliban' as a login handle, knowing fully well the kind of unneccessary negative attention one can get. I do fully respect the individual's choice to choose her/her own id but just curious...And to jog the curiosity even more , this member seems to be tagged as 'banned' now.. :D...did the admins not like the chosen handle as well !!
No personal jabs here....but think of the headlines any reporter following IV or in general immigration activities can come up with when he/she sees such a login id :D
No personal jabs here....but think of the headlines any reporter following IV or in general immigration activities can come up with when he/she sees such a login id :D
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amsgc
07-19 12:06 AM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
more...
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vandanaverdia
09-10 03:34 PM
You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!
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aachoo
03-09 12:47 PM
Hey who are you calling BS ???? :rolleyes:
I have been in the US 15 years and counting.
-a
This is insane, they are moving 15 days in 1 calendar month.
So going by this pace for EB3
mar 2002 - march 2011
mar 2003 - march 2013
mar 2004 - march 2015
mar 2005 - march 2017
mar 2006 - march 2019
i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!
I have been in the US 15 years and counting.
-a
This is insane, they are moving 15 days in 1 calendar month.
So going by this pace for EB3
mar 2002 - march 2011
mar 2003 - march 2013
mar 2004 - march 2015
mar 2005 - march 2017
mar 2006 - march 2019
i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!
more...
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vin13
02-20 09:12 AM
Some of the international air miles can be redeemed for US domestic flights with their partner airlines.
For example, korean Air can be redeemed for Delta tickets
Air India cannot be redeemed for any domestic flights as they do not partner with any US Carrier.
Hi,
Can the donating air miles be international like korean, air india etc?
Thanks,
Naga
For example, korean Air can be redeemed for Delta tickets
Air India cannot be redeemed for any domestic flights as they do not partner with any US Carrier.
Hi,
Can the donating air miles be international like korean, air india etc?
Thanks,
Naga
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yabadaba
07-28 09:03 AM
Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?
its amrit..drink of the gods...so its befitting.
its amrit..drink of the gods...so its befitting.
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wandmaker
10-10 01:07 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
If verified, you would end up in eating ham burger.
If verified, you would end up in eating ham burger.
bheemi
07-02 09:35 AM
YOU PEOPLE understand first what i kept in the reply. I did not blame IV for doing other efforts..I am talking about facts about USCIS..So dont make fool us or yourself as IV or any other organization will not be able to attack USCIS..Bcoz USCIS is monarch..
actaccord
03-15 07:04 PM
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