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  • hotammo
    07-15 01:26 PM
    Done
    Confirmation Number: 7YF4N-40L42




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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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  • sunny1000
    04-30 05:35 PM
    atleast there was bipartisan frustration on part of congressmen on both sides except for the king guy

    Yeah, King is like that crazy Tancredo...




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  • girishvar
    07-11 11:02 AM
    Priority Date to 2006 to me is like a flashlight in the middle of the tunnel. Whether battery will run out (retrogression again) before USCIS acting on my file is a miilion $ question.

    Let us hope for the best.

    I pray for EB3 brothers and sisters and they realizing so called american hope sooner with CIR.



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  • desigirl
    01-31 09:32 AM
    Congratulation to 9years and Vayumahesh. Thank you both for documenting your journey. My EB2 perm was applied from the new company i have joined and it is approved this month. Hopefully i should be applying for I-140 next month.

    I have applied my 485 in July 07 but i was not married at that time. I am married now and my my wife is on H1B. When should i add her or amend my I-485.

    Thanks

    When you become current and before you get your GC approval notice, you should file 485 for your wife.

    Disclaimer: Not an attorney.




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  • jungalee43
    04-29 03:58 PM
    Can there be link for FAX for the guest members? I can get about 100 people to send fax. They are members of Indian community (many are citizens) and may not have time to make phone calls. But with simple provision to send fax at one time to all these senators, I am pretty sure I can get 100 people to send faxes.
    Again the provision is required for guest members who are willing to write their address and phone number.



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  • svm
    07-18 03:19 PM
    Sorry it is not really related to the thread !.

    Ths USCIS site says the following ....

    "....The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007)."

    Does that mean if I file 485 on Aug1st I have to pay new fees?

    Thanks any one for a reply.




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  • srhari
    07-14 04:01 PM
    Simply send the check of $5 to Immigration Voice at the address listed in the first post as if you were paying a utility bill. That way your bank will send IV a check of $5.00 (or whatever amount you want it to) and IV gets the WHOLE $5 and no fees are deducted.
    Thanks for the information. Just paid $20 using online Bill Pay from BOA (Confirmation #: 7YBC0-Y1MRW).



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  • pointlesswait
    04-01 09:53 AM
    what i dont get is..why are desis so stuck up abt GC... dont get frustrated...work the system and work with the system!
    making statements like Mirage did in the beginning of this thread are pointless!!!

    i think its all part of a well thought out conspiracy to:

    1.) Keep the chicken in the cage: get those desis into the system and tie them up in some legal/bureaucratic loop for 10-15 yrs.. the taxes and the application fees we desis pay keeps the system running..


    2.) These fixes that IV is trumpeting abt..is just chicken feed... nothing big will ever materialize...
    teh fact is THEY dont want too many desis in US..THEy dont want US to become another UK..Great Britain se Great BritainSthan ban gaya!!!

    so dont let the frustration get to you.. work with IV..join local chapters and stay positive!


    yeh USCIS ka chakra-vyuh hai bhaiya ..chakra-vyuh!!!




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  • Dhundhun
    06-11 01:13 AM
    When do you think would EB2-I hit Feb 2005? Before this year end?

    Perhaps not. With many I140 getting approved, there are always chances of dates going back instead of moving forward.

    I can think of average movement of one or two months moving forward per quarter. The two bills in pipeline can ease this situation:
    1. Removing country quota
    2. Recapturing of unallocated GC Visas



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  • gcisadawg
    02-09 10:05 AM
    This, effectively, means that if the girl stops earning for any reason such as pregnancy or is unable to earn, she immediately forfeits the right to send money to her parents. This is the most illogical statement I have ever heard.
    And it also means that for any reason, if a girl remains a house wife, she has no right to send any money to the parents like you, as the earning member, do.
    This is the very strange attitude that may get a marriage in trouble.



    Did I even say husband shouldn't send money to his parents from his earnings?
    But shouldn't that be also need-based? How come it is the right of the husband to send any amount of money he wants to his parents without the wife complaining and how come it becomes a case of "taking for granted" when a non-earning wife wants to send money to her folks in need? This is a hypothetical situation and nothing to do with OP's case.

    And then how is it we, husbands, are the first ones to start complaining when our wives don't get a share of our in-laws property following their demise?

    And tell me then, following a divorce why are there laws which require you to split your net worth evenly with your non-working ex-wife? Is that acceptable to you then or you want to put forth an argument that "hey, we don't have a child and she is no longer my wife and so I am not obligated to give her a dime"

    My stand is based on the premise that a man is financially responsible for his wife and his kids and not to wife's parents! The point I was making is about a completely non working spouse. It is not about a wife that leaves workforce for medical reason temporarily.
    Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
    Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
    I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!

    If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!

    A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!




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  • prom2
    09-28 10:23 PM
    Last week we saw just few approvals, so I guess this FY is over.
    I don't think they are going to work 24 hours this weekend.

    Visa number rollover now !



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  • perm2gc
    07-23 03:22 PM
    Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
    Concurrent filing was present at that time :D




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  • chanduv23
    02-24 09:54 AM
    The way this whole thing has turned out to be now is like a challenge or a race where there is no room for values or emotions or in general life and careers.

    Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.

    As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.

    The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?

    It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.

    The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.

    Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.

    Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?



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  • sam2006
    09-15 01:23 AM
    thanks Zappy pvhemanth :)




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  • sweet_jungle
    04-28 11:00 AM
    As far as I remember, I (from California) was able to renew the license by mail. I did not have to go to DMV. So, these issues about I-797/I-94 needed for DL, are they coming up during a new DL or during renewal of license?

    In California they don't accept any other document for the renewal of your DL other than the new I94- I think someone said I 907 and they are right because I 94 is olnly a portion of the whole page.

    We filed premium for the extension and the company is paying for it, but it still takes 3-4 weeks until the lawyer is gonna prepare the package and send it to us. Unfortunately, I don't have a home country DL that I could use between the gaps and this is a great burden for my husband who has to deal with a very demanding job and take the kids everywhere.

    I feel imprisoned for just wanting a better life for my family and my kids and I don't think the treatment that the legal immigrants get in US is fair. I was a legal immigrant in 2 diffrent countries in Europe and although you might not be able to get blended in the crowd as easy as here, you will be treated with more regard for human rights( like the right to work or to drive).-this is our 7th year here and I can't work.

    Before belonging to a cultlure or a country, we all belong to the humankind, whith the same needs and dreams and people should remember that first - they are not talking about immigrants or legals or illegals or numbers EB3, H1B and other labels, but people whose time is ticking and gets away from them with every second that passes. We are here because this country was build by people like us and we belong here, so please, if someone who was lucky enough to be born here reads this message, consider our situation and let our voice reach the people who need to hear it.



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  • eastindia
    09-27 12:52 PM
    I am waiting for 14 yrs.

    Arrival 1996 Jan
    F1 1996

    EB3

    GC filed 2003 Aug.

    HAVE MS in US. But employer filed in EB3. STUCK

    STILL WAITING FOR GREEN.

    You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.




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  • ajit77
    09-20 10:45 AM
    Hey I was in similar situation. My current H1 is expiring on Sept 30th 2007 and my extension application was filed on Aug 22nd 2007. So I was not expecting my H1 to be approved till way beyond Sept. But then I checked with Local DMV in virginia and they told me I can get a temporary 1 year extension on my DL if I can show them the receipt of my H1 extension application. I got that from my employer and my DL by extended by 1 Yr till Aug 22 2008 ( date when H1 was applied) my state is Virginia if that info helps.

    I am in a similar situation. Which DMV office did you visit in VA ?

    Thanks




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  • yabadaba
    08-02 08:15 PM
    Pappu...emailed it to u. Core IV let me knoe if u want it.




    apb
    09-12 02:37 PM
    This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.

    So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.

    The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.

    This is great thinking and wonderful initiative. It is a lesson how we all can be creative and help others motivate. It reminds of a story. There were two teams US and Japanese. They each were divided into two groups each and made to stand facing each other. There was a imaginary line drawn and the goal of each team is to convince their team members on the other side of the line to cross over. US Team were never able to convince their team members to cross over and move to other side.
    Japanese simply said to their team members on other side.. If you cross over we will also cross over.. and they won. As simple as it may sound here is a classic example shown by Milind. You rock Milind.
    And you make me feel proud in being associated with you in this struggle for our cause.
    I am also in the drive for funds with my indifferent colleagues. See you in DC.




    hebbar77
    09-10 06:08 PM
    I was hopeful of GC soon. Now with OCT bulletin, I will let the GC come(or not) and use my EAD to get on with my life.
    Let anyone bullshit with PDs etc.



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