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  • reedandbamboo
    09-13 07:38 PM
    The USCIS!!!




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  • Macaca
    09-12 04:11 PM
    Greg Aamot
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    WOODY BAIRD
    MATTHEW BARAKAT
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    REBECCA BOONE
    LYNN BREZOSKY
    Garance Burke
    DESMOND BUTLER
    ALICIA A. CALDWELL
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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




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  • snathan
    05-15 10:35 AM
    dear members,
    please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.

    Ideas and suggestions are welcome.

    When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.



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  • div_bell_2003
    02-10 08:52 PM
    OMG , what an utterly disgusting attitude !!! and on top of it, you are trying to "summarize" ???

    I tried to stop myself from posting on this thread since it's based on one guy's circumstances and though I feel sorry for him ( the same way I feel sorry for all the wives and their families being extorted huge sum of money in the name of marriage ) , it's hard to judge these things knowing only one side of the story.

    To each his own , but do you think your parents spent their whole lives bringing you up only to know that you think it's "legally" not right to help them monetarily ???? I guess, they should have not spent that extra money to send you to a good school/college or spend it on your tution classes and kicked you out of their house once you reach the age of 18 , like some parents do here ??? Man, it's hard for me to imagine how one can think like that about their parents.

    When someone gets married they should be grown up enough to handle the money matters and put their foot down in case of any unreasonable demands, it applies to both husband and wife. The intricacies of the "Indian arranged marriage" are difficult to understand and the equations vary from case to case, so it's better not to come to a judgement and come out with something utterly nonsensical.

    I'm sorry if my post is a bit rude , what rude comments beget rude reactions !


    To summarize the root causes now that we discussed:

    1. Parental interference to control their own child even after marriage. This is cause no 1 of this kind of tensions.

    2. Immaturity on the part of children, to let their parents control their feelings. (This is partly due to in arranged marriages, children are closer to parents than the spouse in initial years). This is no 2 issue. Children simply fail to understand they are no more part of their parents family. I honestly feel these people are not really ready for marriage or understand what marriage is.

    3. Money transactions. One side expecting money from other side which is not really acceptable. I will elaborate this point a bit more.

    4. In cases of couples settled in US/UK, parents know that couples are making a LOT more than by Indian standards. Hence to secure their own old age comfort, everyone tries to exert influence.

    On no 3, let us separate our "legal" obligations from "moral".

    Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.

    If your parents needed monetary support then that they should have made clear to other parents at the time of marriage. Not after marriage. If its a love marriage, then the boy/girl should have clearly told this requirement to the other half.




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  • transpass
    09-10 11:13 AM
    EB2 with US masters here
    PD 2004
    case is straight a heterosexual & white as the alaskan snow
    -- not approved yet.

    Me too....PD 2005, case is straight, US degree...I am also white, but it's just that I drink too much coffee and look brown...:D:D:D



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  • PKV4voice
    09-16 08:30 PM
    Unable to participate due to prior commitments (travelling in Mid West)

    Contributed $200
    Google Order # 332995467726386

    Appreciate IV's initiative. Thanks a ton.




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  • raj3078
    09-28 06:48 PM
    This is just Sad.....



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  • ragz4u
    03-08 10:28 AM
    This is the right link. It is very clear today. Interesting discussion.

    Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame




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  • aau
    07-12 11:22 AM
    In VA can we extend Driving License with receipt notice of h1 extension .

    Hey,

    I went to the VA DMV in Sterling yesterday and the person there refused to renew my DL based on my original H1B extension extension RECEIPT Notice, saying there is no 'Date' on this document. :mad: These ppl are too dumb. It says clearly on DMV's website - they will give you a 1 yr extension IF there is no date on that document. Need to take a lawyer and paralegal along next time... :confused:

    BTW, how did you manage to do this??



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  • munnu77
    03-16 10:20 AM
    I just called ....
    They said they r trying to fix it...




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  • Milind123
    09-13 05:27 PM
    Yesterday I contributed $300 and I hope I do better than that today, but I need help from all those people who have never contributed. So please pull the trigger. I am only one contribution (of $100) away from a first time contributor. As soon as I get that I will post my contribution. As soon as I do that sam2006 is going to make his contribution of $100.

    Today I was hoping to exceed my contribution of $300 from yesterday. Looks like it is not goint to happen today. But it will be a bummer if I can't match yesterday's contribution.

    We (GCNaseeb, sunty, bala our special guest and I) need just two more shooter to make a contribution of $100 who have never contributed before.



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  • omega
    04-26 04:41 PM
    My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?




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  • santb1975
    06-02 09:35 PM
    This is Great

    Contributed $100 for June
    Receipt ID: 47W850****



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  • chanduv23
    09-12 11:53 AM
    We won't know if it effective unless we execute it, which is the biggest issue with us "the execution".
    So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
    On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.

    True - it has to be fixed. We must send a strong signal. Otherwise, they will ignore old PDs, look at wikipedia, alipac etc.... to adjujicate cases




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  • abhisam
    07-27 10:00 PM
    can you please publish the agenda of the meeting on the yahoo group? Thanks!



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  • ravi.shah
    08-24 09:37 AM
    No point in bashing each other guys....
    Its not like, USCIS is reading these forums and are going to do something about it.
    Just take it easy....




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  • immm
    07-18 03:27 PM
    I am confused about receipt date?

    Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?

    My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).

    The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
    "On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."

    Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!

    .




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  • JazzByTheBay
    09-29 07:43 AM
    Except, Franklin is not from a retrogressed country.... :)

    jazz

    But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?




    diptam
    08-08 11:00 AM
    Lets all try to send this letter. I'm working with my HR to get this 7001 out - As Pappu said there should not be any reason why HR wont sign that form.

    What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.

    This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.

    FYI:
    Here is a quote from an email i received from the Ombudsman's office:
    "Our office is in fact at this time actively probing the I-140 situation you describe generally."

    This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)

    So maybe there's some hope here, who knows.




    gc_check
    01-07 02:45 PM
    Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
    No, I was not successful in getting loan approved from BOA last year when I was looking for re-fi. I was too busy with work and other issues and had less time to follow-up and trying to convince/educate them on EAD,etc.. and wasn't sure, If I could. Since mine was a re-fi and the current loan is already in a better rate, I did not take the effort to purse further.



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