LostInGCProcess
10-26 08:28 PM
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?
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pete
12-13 03:49 PM
The amount of lying and fraud that goes on in this process amazes. All under the cover of "legal"! There are compnaies doing this kind of utter crap and getting away with it.
I will tell you my story:
I am EB2. Physician now doing residency in Surgery. In Sept 2004 the University started my GC process and the lawyer went the full 9 yards.... to get my LC application in around the time PERM started. In fact my research job was on Monster.com for nearly a year. They weeded through so many applicants ( actually interviewed them!).
The program even paid my fees at 960 dollars a credit for PhD ( the plan was I get PhD as well and they would pay for it until I get Work permit). On H1B I could not be a full time PhD candidate. Thanks to retrogression I could not go ahead with that plan and the program spent thousands. I have had many presentations, papers both in the country and Europe.
I started residency so did my wife and we are waiting for this thing to work out. But we have seen so many of these "career GC applicants" jump the line and get ahead. If we are to argue about contributions made by Indians in science and technology how can we tyurn a blind eye to BS of this type. Where are hard working folks who play by the rules to go when peaple jump lines. It is bad as it is and gets worst by the day.
I dont want some half assed explanation that this is "legal". It ought to be stopped and that guy has to start at the back of the line. the full IV thing surprises me. They ought to take action on this .. atleast to prove they are serious about being honest and good and whatever else we claim to be.
thats all!!
I will tell you my story:
I am EB2. Physician now doing residency in Surgery. In Sept 2004 the University started my GC process and the lawyer went the full 9 yards.... to get my LC application in around the time PERM started. In fact my research job was on Monster.com for nearly a year. They weeded through so many applicants ( actually interviewed them!).
The program even paid my fees at 960 dollars a credit for PhD ( the plan was I get PhD as well and they would pay for it until I get Work permit). On H1B I could not be a full time PhD candidate. Thanks to retrogression I could not go ahead with that plan and the program spent thousands. I have had many presentations, papers both in the country and Europe.
I started residency so did my wife and we are waiting for this thing to work out. But we have seen so many of these "career GC applicants" jump the line and get ahead. If we are to argue about contributions made by Indians in science and technology how can we tyurn a blind eye to BS of this type. Where are hard working folks who play by the rules to go when peaple jump lines. It is bad as it is and gets worst by the day.
I dont want some half assed explanation that this is "legal". It ought to be stopped and that guy has to start at the back of the line. the full IV thing surprises me. They ought to take action on this .. atleast to prove they are serious about being honest and good and whatever else we claim to be.
thats all!!
chanduv23
03-21 11:16 AM
NYC members - please respond to me. Lets coordinate on this.
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Lisap
08-22 12:45 PM
I will certainly keep my fingers crossed for you. Please keep me posted on the outcome. Best of luck to you.
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Soul
02-07 09:32 AM
:beam:
Thanks Kit, I liked the tudor bit too :)
What castle did you say yours was based on?
- Soul :goatee:
Thanks Kit, I liked the tudor bit too :)
What castle did you say yours was based on?
- Soul :goatee:
karanp25
06-05 06:37 PM
About 2 weeks back Murthy posted an article in it's bulletin "new AC-21 regulations expected soon" http://www.murthy.com/mb_pdf/050208_P.html which i believe was a result of some discussions USCIS had with AILA?
Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?
From Murthy:
AC21 Regulations under Revision
The liaison notes made brief reference to an AC21 regulation being under revision, with publication expected in the near future. AC21 became law in October 2000 and has been interpreted through a series of Legacy INS and USCIS memos, rather than regulations. There have been previous announcements of anticipated regulations on AC21, so it is unclear whether something is finally in the offing.
Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?
From Murthy:
AC21 Regulations under Revision
The liaison notes made brief reference to an AC21 regulation being under revision, with publication expected in the near future. AC21 became law in October 2000 and has been interpreted through a series of Legacy INS and USCIS memos, rather than regulations. There have been previous announcements of anticipated regulations on AC21, so it is unclear whether something is finally in the offing.
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wcs
03-05 09:32 AM
Hello,
As we are aware that Immigrationvoice is going to send massive letters to Mr. President by saying broken immigration system.
Does anyone know that those letters already sent to white house or not? If yes, is there any reply from white house or not.
Please share it here.
As we are aware that Immigrationvoice is going to send massive letters to Mr. President by saying broken immigration system.
Does anyone know that those letters already sent to white house or not? If yes, is there any reply from white house or not.
Please share it here.
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Devils_Advocate
05-19 09:12 PM
They should have a system like they have in UK, where they straight-away grant permanent residency to any international graduate from a list of top universities compiled by them.
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pappu
11-25 03:46 PM
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudication/field office data/ CP and spillovers. The visa bulletin movements will also be compared against the report and checked with USCIS and DOS.
Team IV
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudication/field office data/ CP and spillovers. The visa bulletin movements will also be compared against the report and checked with USCIS and DOS.
Team IV
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nogc_noproblem
06-05 05:24 PM
I also would like to hear from others about this question.
Does this (given below) means DOL has the authority to find something and send Notice of Intenet to Revoke at any point of time during the GC process?
"The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State."
How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:
Does this (given below) means DOL has the authority to find something and send Notice of Intenet to Revoke at any point of time during the GC process?
"The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State."
How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:
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smaram1
08-17 10:35 PM
Can you please tell me what should we write for this question?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
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crzyBanker
05-30 11:21 AM
done.
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m306m
06-02 10:45 AM
done
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WeShallOvercome
08-22 02:29 PM
Abhidos,
I have a feeling the re-file might not work in this case. Just be prepared for the worst.
BTW, are you EB2 or EB3? and which country?
EB2 might have a good chance of begin current in near future.
I have a feeling the re-file might not work in this case. Just be prepared for the worst.
BTW, are you EB2 or EB3? and which country?
EB2 might have a good chance of begin current in near future.
more...
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Sheila Danzig
04-19 11:13 AM
There is an unpublished appeals office decision supporting the 3+2 equivalency to a US masters. It appears that some adjudicator do not necessarily follow the AAO decision however an attorney told me that if the case goes back to the AAO office then the AAO follows their own decisions. As far as I know the cases I am familiar with all were approved at some point (or are pending) when the AAO case was sited.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
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aroranuj
04-20 07:26 PM
Can someone please shed some light if my attorney is heading in the right direction?
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
more...
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mhtanim
07-21 11:35 PM
So this confirms FIRMLY that antis and BusinessWeek are working in tandem against legal immigration reform. Sometime back.. I read that BusinessWeek is for sale.. by McGraw Hill (its parent company). I wish.. that sale happens soon and let common sense prevail. Probably they are trying too hard to shore up their subscriber base by evoking the last resort.. creating sensation with meaningless issues.
If the sale takes place, it probably will be bought by either a Chinese or Indian company. Some dumb anti-immigrationists will try to block legal migration every possible way when most of their companies are either taking jobs overseas or getting sold to foreign companies. Go and find the source of what has destroyed the economy and try to fix it. No foreigner has ruined the economy.
If the sale takes place, it probably will be bought by either a Chinese or Indian company. Some dumb anti-immigrationists will try to block legal migration every possible way when most of their companies are either taking jobs overseas or getting sold to foreign companies. Go and find the source of what has destroyed the economy and try to fix it. No foreigner has ruined the economy.
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Sakthisagar
10-27 12:21 PM
Whatever you say man. i am with you. your are a genius.
MC
Only One Genius can recognise the Other :-):):D
MC
Only One Genius can recognise the Other :-):):D
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24fps
02-27 05:52 PM
Kid? Pot calling the kettle black?
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
skp71
12-12 09:49 PM
What's going on with EB3 ROW? No movement at all!! What's goin to happen in coming months???
Kushal
11-21 07:16 PM
Thanks...I'm not in the 16th district, but if I'm not wrong digital2k is. I will talk to him and schedule a meeting with Zoe very soon...
I was looking for some one who is from Dis 16th. Please start movement rfom there.. ( her office ) do let me know what comes out. I am ready with next action iteam.. call list... unless she agrees nothing can start except media drive.
I was looking for some one who is from Dis 16th. Please start movement rfom there.. ( her office ) do let me know what comes out. I am ready with next action iteam.. call list... unless she agrees nothing can start except media drive.
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