The following information is asked in the first field of ETA form 9089.
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
With the above information from form 9089 DOL knows the people who are trying to jump ahead by interfiling. Thats an almost gaurenteed audit. The attorneys already know this and this is the reason why many companies are not entretaining filing any EB2 perm. If anybody is lucky they might find a company willing to file eb3 perm after 6 months but no company wants to file Eb2 perm. interfiling \porting from eb3 to eb2 is a pipe dream, people cant even get eb3 approvals or alteast companies willing to file eb3 perm.
"interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.
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I see increasing support for the Idea as GC journey become longer and longer.
Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD
(1) I-140 and I-485 must be approved.
(@) Time should be considered only after getting GC
(3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS
So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.
The above requirements can get closer to Marriage and family based and also help 90% of IV members.
Adding the clause for the EDUCATIONAL THING might be able to get more political support also
Most of the delay (after the labor) is in I485. Some people wait more than others and any timer that starts AFTER approval of I485 is not useful to those who already wait longer term on I485. Moreover it is I485 process that is most screwed up for the lack of better word. People with PD 2006 got the GC last year while people from 2002 are waiting in the SAME category , from the same country.
REQUIREMENT of masters degree may be a convincing factor in your opinion , but that excludes certain members of the group.
The 485 approval is just an adjustment of status. Technically approval of I140 is when you are approved to be a resident (Assuming no criminal record etc).
India/China Quota numbers � Update
April 1st, 2011 by William Stock
While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.
A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.
It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.
We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.
Counting the dates..... Thank you all in IV team; great work
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Here is a speech from Tancerdo ...It was good see the comments for the newsclip from the native folks ..
I am upto 14 letters signed, sealed and mailed to the President. I am waiting on a few more to come....It took probably an hour over the past week. Guess what...in the process I educated over 20 Americans about our issues. Guys this can have a cascading effect if we talk to people we know and get these letters. We all need to step up and actively talk to all Americans we know and get these letters. They are our support bank when its time for larger fixes and we need Americans to call their Congressman & Senators to help us.
Talk to EVERYONE you know and get a letter signed. It would be great if everyone mentioned the number of letters they have got when they put out posts on this thread. Lets not just talk the talk but WALK the TALK!!!:D
I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.
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I was transferred to stage 2 IO. He was indeed one of the nicest and patient one to listen to my woes. Anyways.. after taking down my entire details including FS,LS,DOB, Address, Mailing date, Zip, Location, email add and misc things... he successfully emailed and inquiry notice to NSC requesting a followup on my pending application. He said I shd be hearing back from NSC shortly, since an inquiry is generated now by him. When I asked him, if this is going to jeopardise my application in any way and he said... no way since we are just trying to find out the fate of the application pending.
Thats all I had to share for now. Pls. pray for me and my pending application to be successfully processed.
Thanks and hang in here (I am 2)
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Can we atleast do a flower campaign than discuss over and over the same points. I see this is the only EB3-India thread thats going over 5 pages of late. I have sent 6 letters to the dept, Ms. Joe,John, USCIS etc.. and today I am sendning 6 more cards with some message to help EB3.
I also contributed $100.00 and IV should get it tomorrow or Saturday.
Please send card, messages emails, whatever to make EB3 also to catch up with EB2.
Please do something before its too late. I am very hopeful something good must happen in Oct.
We need more push from Core IV.
EAD/AP/485 July 07.
Quarterly spillover is very important for us and we should make sure that if that is what the law intends, then USCIS/DOS follow that.
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I believe, USCIS has a formal method of investigation. You or your lawyer will have to give details whatever USCIS asks for. In a normal course, this would have been done a lot sooner, but USCIS themselves admit that they are not yet finished with all July2-Aug17 receipts. Perhaps they will not entertain any formal investigations until they are done with all filings.
I am one of the July2 (J Barret, 10:25am) filers on the waiting, and I know the anxiety we all have. You can write to your Congressman, but think of how USCIS is going to respond to the intervention. They will tell that they are not yet finished with all receipts.
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1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.
2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.
3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.
Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.
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for whom the visa numbers would be available - FACT!!
FRIDAY - Allowed doctors from "any area" - FACT!!
MONDAY - We won't accept any applications?????? ----RUMOUR
they don't add up
That's true. the 3rd must be rumor!!!!!
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Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
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I come from South Florida (MIAMI / FT LAUDERDALE /WEST PALM BEACH). Sun-Sentinel is a news paper major in this part of the world. We are expected to see a front page coverage about this turn-about by DOS and USCIS on july 07 bulletin.
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Tammy Baldwin 202-225-2906 - Congresswoman will vote in favour of the bill
Rick Boucher 202-225-3861 - Will pass on the message
William Delahunt 202-225-3111 - Will pass on the message
Guys, Please keep calling. will take less than a minute per call
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So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485
Medical Examination of Aliens Seeking Adjustment of Status - I-693
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765
Application for Travel Document - I-131
Affidavit of Support - I-134
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current
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I think we are on to something here. Please see the quote below from Arnold. Let's start communicating with his office and highlight the visa bulletin fiasco, flower campaign and media coverage. Should we start a new thread on this topic.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
Good morning!! With reference to your previous e mail talking about "living in US for 5 years, pay taxes and get a green card". Also, " living in US for 10 years get a citizenship". It reminds me that a few days ago, from the other forum, I see someone talking about the bill "HR264", there is several items in this bill. However, there is only one section in this bill mentioned about "granting green card to people who have stayed in US for 5 years or more". I do believe the chance to pass this bill is very very small because right now the economic recession is so deep that no one knows when it will be recovered.
Also, I know some people who have won the diversity visa lottery and get the immigrant visa to US to be the permanent resident and then stayed in US for another 5 years and get the citizenship.
But some people (for example like my situation) who have stayed in US and fully paid foreign student tuition fees as a foreign student for 10 years (6 years in several degrees then graduate and then back home and then come back to US to study another advanced degree for 4 years and total 10 years as foreign student) still cannot get the green card. After I finish my doctorate degree, I got a company sponsored me the H-1B visa but the quota is full and I pack all things back to my home country until now. So I just wonder when will "granting green card to people who have stayed in US for 5 years"and whether it will be true!!!!!!!!!!!!!!!!!!
I wonder whether this 5 years only for people who have worked here for 5 years in
H-1B visa or not?????????
Good luck to all of you and thanks for everyone's attention!!
Sad to see how much you had to struggle, but I know and I'm one of them who are here for close to 10 years and paid taxes etc.. If 100,000 of us make the right noise, then we may be heard.
As someone here is saying, following a GC step before Citizenship makes BS to me. You have done whats needed to be a citizen (dont go by the book, doesnt even appear there is one). They have delayed it for no fault of applicants. So this is the way to correct it.
Lets say I am 10th grade student who invented a cure for cancer. Will you oppose if MIT gives me a hon. Doctorate. That may be an extreme example but what we are asking for is something much smaller and well-deserved. After 10-15 years, the only rule should be to look at the paystubs and criminal record. Not which company you worked for or how much you were **ed by X employer. The case must just be yours independent on any employer. PERIOD.
Current economic situation.. SHOW how you can contribute. There is something called timing,. so THIS is the timing to ask for Citizenship so that you can BUY HOUSES AND START COMPANIES.. and thats how you help America to come out of this.
^^^ Don't let this thread slip down^^