satishku_2000
07-05 05:21 PM
In which state you are? Did you call your senators , if yes please put the name of state and senators name here..so I can match with my list and tell you that whether I called them or not.
Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)
Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)
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ssnd03
04-02 03:18 PM
You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
No you or D.E.D. do not deserve an apology for being numbskulls as you both have an agenda of fear mongering so that folks do not raise voices for legitimate reasons.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
No you or D.E.D. do not deserve an apology for being numbskulls as you both have an agenda of fear mongering so that folks do not raise voices for legitimate reasons.
dipmay2002
09-07 01:37 PM
Today I completed 10 years in USA and still waiting for GC, PD Dec. 2004 EB3...:confused:
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needhelp!
09-10 03:26 PM
Thank you k3GC, ngodisha, Karthikthiru, deba, watcher , ek_akela, mpadapa
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needhelp!
09-12 07:30 PM
Allen American
Athens Daily Review
Azle News
Corsicana Daily Sun
Dallas / Fort Worth Heritage
Denton Record-Chronicle
Dallas Examiner
Dallas Morning News
Dallas Observer
Dallas Post Tribune
Dallas Voice
El Hispano News
El Sol de Texas
Gainesville Daily Register
Greenville Herald Banner
Hood County News
Paris News
Senior News Source
Stephenville Empire-Tribune
Terrell Tribune
Texas Jewish Post
Wise County Messenger
NetMio.com
D Magazine
KLIF 570 AM
KNES 99.1 FM
DCTV (Ch. 27A, 11B, 13B, 14B, 15B)
Texas Triangle
Plano Star Courier
Fort Worth Star-Telegram
KRLD 1080 AM
WBAP 820 AM
Printed Letters being mailed to:
USA Radio Network
2290 Springlake Rd, Ste 107
Dallas, TX 75234
Salem Radio Network
6400 N Beltline Rd, Ste 210
Irving, TX 75063
KSCS 96.3 FM
2221 E Lamar Blvd, Ste 300
Arlington, TX 76006
KETR 88.0 FM
KNTU 88.1 FM (NPR ) Univ of North Texas
KERA 90.1 FM (NPR)
Athens Daily Review
Azle News
Corsicana Daily Sun
Dallas / Fort Worth Heritage
Denton Record-Chronicle
Dallas Examiner
Dallas Morning News
Dallas Observer
Dallas Post Tribune
Dallas Voice
El Hispano News
El Sol de Texas
Gainesville Daily Register
Greenville Herald Banner
Hood County News
Paris News
Senior News Source
Stephenville Empire-Tribune
Terrell Tribune
Texas Jewish Post
Wise County Messenger
NetMio.com
D Magazine
KLIF 570 AM
KNES 99.1 FM
DCTV (Ch. 27A, 11B, 13B, 14B, 15B)
Texas Triangle
Plano Star Courier
Fort Worth Star-Telegram
KRLD 1080 AM
WBAP 820 AM
Printed Letters being mailed to:
USA Radio Network
2290 Springlake Rd, Ste 107
Dallas, TX 75234
Salem Radio Network
6400 N Beltline Rd, Ste 210
Irving, TX 75063
KSCS 96.3 FM
2221 E Lamar Blvd, Ste 300
Arlington, TX 76006
KETR 88.0 FM
KNTU 88.1 FM (NPR ) Univ of North Texas
KERA 90.1 FM (NPR)
tinamatthew
07-21 04:26 PM
Please post. This will help all of us
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amitjoey
07-13 04:33 PM
In the past, we have sent emails and webfaxes to senators only to get canned- pre typed responses. Recently, I have realised that senators favour written letters, posted (with postage stamp) especially if it comes from constituents from their state. Same with house reps. I have talked to my senator's staff and they have advised me to write a letter. The staff member said, letters are always read, and responded.
Senator will send an inquiry to the appropriate agency. This will create an impact, if all of us write letters. I have written a letter about USCIS Visa- flip flop to my senators.
Senator will send an inquiry to the appropriate agency. This will create an impact, if all of us write letters. I have written a letter about USCIS Visa- flip flop to my senators.
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shreekhand
07-18 12:14 AM
Guys...all applications are pre-adjudicated irrespective of whether a PD is current according to the receipt date.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
more...
susie
07-15 11:18 AM
Hi
Here is one draft, not sure if it is the final draft and still checking, but this gives you and idea of our thoughts
Dear Rep./Sen./Readers
Expat�s Voice: Representing the Expat Community
We at Expat�s Voice ask for your support in achieving genuinely comprehensive and fair immigration reform.
Our organization represents thousands of members who have legally immigrated to the United States, including immigrant and nonimmigrant visa holders, and those that are awaiting immigration. The diversity of our membership means we truly understand first hand the problems with the current immigration system.
We commend the work of the Government in attempting to bring in much needed reform. However, the rights of many, specifically of children and of legal immigrants are being overlooked, and we want to bring the pertinent issues to your attention.
First, we ask for a much needed compassionate visa. Many of our members, due to immigration related reasons cannot leave the country without repercussions for their visa status. They have elderly Parents and other relatives in seriously ill condition. Similarly, our own families have not been allowed to enter the USA on a compassionate basis. My own husband passed away last year, but my son was refused a temporary visa to pay his last respects because of problems with �immigrant intent.� The US Embassy showed no compassion or common sense. Yet due to the unfairness of the system, many families have to suffer this type of humiliation on a regular basis as a result of the system, largely because of reasons of mere technicalities. This has to change.
Second, we support all measures that protect children. They are innocent in the whole immigration process whether brought to this country legally or illegally. The US Government has failed repeatedly to bring the Dream Act to fruition. We ask that ALL children, whether having entered the USA illegally or under legal nonimmigrant status, who can bring so much benefit to this country�s future be recognized and protected as soon as possible. There is ambiguity as to whether the Dream Act protects all children the meet the criteria or only illegal children; if it is the latter it needs to expanded to cover legal migrant children, whose Parents have respected and abided with US immigration laws. In addition, the legislation would not prevent certain nonimmigrant dependent (such as E dependents) from aging out at 21 unless they meet certain criteria. Therefore, we also ask for an amendment to the Child Protection Status Act of 2002 (CSPA), if not in the Dream Bill, to prevent these families from being separated when the child reaches 21.
Third, many children �age out� due to the long waiting periods involved with family-based petitions. The Child Protection Status Act of 2002 (CSPA) was intended to address many of these issues, but the legislation has simply failed in this aim. Many of our members are now stuck in their country of residence, despite their Parents and younger siblings having already immigrated to the USA. The CSPA was designed to ensure children who aged out were awarded earlier priority dates associated with their previous petition to prevent being forced to the back of the line with a new petition and new priority date (and, when taking into account the waits associated with both the original petition and the subsequent petition after aging out, this can cause waits in excess of 30 years). However, the failure of the USCIS to apply this law correctly, because of an ambiguity in the way section 3 (INS, section 203(h)) is drafted, and the fact no visa advisory opinion nor any rules have been issued after four and half years since the CSPA was enacted, means many families remain separated.
Fourth, many of our members are E2 and L1 visa holders. They contribute millions of dollars to the US economy and provide employment to many American citizens. However, despite being in this country legally and providing many benefits, they are treated like second class members in the USA. Our E2 members have to return to their country every two years to renew their visa, with no guarantee of visa renewal putting their investment and the American employees at serious risk. This is compounded with severe delays in visa processing times, particularly in London. Despite providing these benefits, often for more than a decade, it is very disappointing that our members do not have a direct path to citizenship. What is even more surprising is that despite having abided by and respected US laws, it is the illegal immigrants who stand to directly benefit from the Strive Bill with a direct path to permanent residency and citizenship.
Our members, many of who are British citizens, feel cheated by the US Government. Much is spoken of our �special relationship,� but in practice it seems the rights of illegal immigrants take priority. Further, many have suffered from poor treatment by immigration and enforcement officials, but we remain patient and respectful. As an organization we are neither for nor against the rights of illegal immigrants. We simply ask that our commitment and duty to this country be recognized with at least equal reward and that you support Rep. Heather Wilson�s proposed E2 Nonimmigrant Investor Adjustment Act of 2007. We do, however, believe the 3,000 proposed figure will create a backlog of investor immigrants and so urge you to remove the proposed cap, or support a larger number and/or also introduce an annual increase to meet market demand.
In sum we ask you for fair reforms: to recognize the principle of family reunification through amendments to the CSPA; to reward those who abide by and respect US laws to at least the same level as those that don�t; to treat the children with compassion and open arms by giving them an opportunity to remain in and benefit this great country; and to show compassion and prevent humiliation to many thousands of families, by allowing family members to be with their loved one on a temporary basis in their time of need and often in their last moments, both in the USA and outside the USA.
For more information please also visit us at www.expatsvoice.org. We have also included an appendix discussing the issues more fully with draft amendments and explanations to provide solutions to the above issues.
Sincerely,
Mrs. S Ward
For and on behalf of
Expats Voice
www.expatsvoice.org
Here is one draft, not sure if it is the final draft and still checking, but this gives you and idea of our thoughts
Dear Rep./Sen./Readers
Expat�s Voice: Representing the Expat Community
We at Expat�s Voice ask for your support in achieving genuinely comprehensive and fair immigration reform.
Our organization represents thousands of members who have legally immigrated to the United States, including immigrant and nonimmigrant visa holders, and those that are awaiting immigration. The diversity of our membership means we truly understand first hand the problems with the current immigration system.
We commend the work of the Government in attempting to bring in much needed reform. However, the rights of many, specifically of children and of legal immigrants are being overlooked, and we want to bring the pertinent issues to your attention.
First, we ask for a much needed compassionate visa. Many of our members, due to immigration related reasons cannot leave the country without repercussions for their visa status. They have elderly Parents and other relatives in seriously ill condition. Similarly, our own families have not been allowed to enter the USA on a compassionate basis. My own husband passed away last year, but my son was refused a temporary visa to pay his last respects because of problems with �immigrant intent.� The US Embassy showed no compassion or common sense. Yet due to the unfairness of the system, many families have to suffer this type of humiliation on a regular basis as a result of the system, largely because of reasons of mere technicalities. This has to change.
Second, we support all measures that protect children. They are innocent in the whole immigration process whether brought to this country legally or illegally. The US Government has failed repeatedly to bring the Dream Act to fruition. We ask that ALL children, whether having entered the USA illegally or under legal nonimmigrant status, who can bring so much benefit to this country�s future be recognized and protected as soon as possible. There is ambiguity as to whether the Dream Act protects all children the meet the criteria or only illegal children; if it is the latter it needs to expanded to cover legal migrant children, whose Parents have respected and abided with US immigration laws. In addition, the legislation would not prevent certain nonimmigrant dependent (such as E dependents) from aging out at 21 unless they meet certain criteria. Therefore, we also ask for an amendment to the Child Protection Status Act of 2002 (CSPA), if not in the Dream Bill, to prevent these families from being separated when the child reaches 21.
Third, many children �age out� due to the long waiting periods involved with family-based petitions. The Child Protection Status Act of 2002 (CSPA) was intended to address many of these issues, but the legislation has simply failed in this aim. Many of our members are now stuck in their country of residence, despite their Parents and younger siblings having already immigrated to the USA. The CSPA was designed to ensure children who aged out were awarded earlier priority dates associated with their previous petition to prevent being forced to the back of the line with a new petition and new priority date (and, when taking into account the waits associated with both the original petition and the subsequent petition after aging out, this can cause waits in excess of 30 years). However, the failure of the USCIS to apply this law correctly, because of an ambiguity in the way section 3 (INS, section 203(h)) is drafted, and the fact no visa advisory opinion nor any rules have been issued after four and half years since the CSPA was enacted, means many families remain separated.
Fourth, many of our members are E2 and L1 visa holders. They contribute millions of dollars to the US economy and provide employment to many American citizens. However, despite being in this country legally and providing many benefits, they are treated like second class members in the USA. Our E2 members have to return to their country every two years to renew their visa, with no guarantee of visa renewal putting their investment and the American employees at serious risk. This is compounded with severe delays in visa processing times, particularly in London. Despite providing these benefits, often for more than a decade, it is very disappointing that our members do not have a direct path to citizenship. What is even more surprising is that despite having abided by and respected US laws, it is the illegal immigrants who stand to directly benefit from the Strive Bill with a direct path to permanent residency and citizenship.
Our members, many of who are British citizens, feel cheated by the US Government. Much is spoken of our �special relationship,� but in practice it seems the rights of illegal immigrants take priority. Further, many have suffered from poor treatment by immigration and enforcement officials, but we remain patient and respectful. As an organization we are neither for nor against the rights of illegal immigrants. We simply ask that our commitment and duty to this country be recognized with at least equal reward and that you support Rep. Heather Wilson�s proposed E2 Nonimmigrant Investor Adjustment Act of 2007. We do, however, believe the 3,000 proposed figure will create a backlog of investor immigrants and so urge you to remove the proposed cap, or support a larger number and/or also introduce an annual increase to meet market demand.
In sum we ask you for fair reforms: to recognize the principle of family reunification through amendments to the CSPA; to reward those who abide by and respect US laws to at least the same level as those that don�t; to treat the children with compassion and open arms by giving them an opportunity to remain in and benefit this great country; and to show compassion and prevent humiliation to many thousands of families, by allowing family members to be with their loved one on a temporary basis in their time of need and often in their last moments, both in the USA and outside the USA.
For more information please also visit us at www.expatsvoice.org. We have also included an appendix discussing the issues more fully with draft amendments and explanations to provide solutions to the above issues.
Sincerely,
Mrs. S Ward
For and on behalf of
Expats Voice
www.expatsvoice.org
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days_go_by
11-07 07:42 PM
Hello Friends,
I don't live in So Cal but I frequently travel to LA (LAX area), I can be active and try help spread the word for IV whenever I am here.
regards,
dgb.
I don't live in So Cal but I frequently travel to LA (LAX area), I can be active and try help spread the word for IV whenever I am here.
regards,
dgb.
more...
h1techSlave
04-30 04:58 PM
I have a feeling that some positive will come out of this meeting. It might appear that USCIS is not understanding our plight. But they are made aware of our situation by this meeting. They sure will respond to our complaints.
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
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smarteey
12-28 01:59 PM
Hi Jimmi,
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
more...
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chakdepatte
01-07 09:43 AM
Approach ur credit uniion. they will eventually sell ur loan to BAC or the big banks.
my friends were on H1. I was on EAD but all I had to provide was my credit score, 6 months paychecks, company history and indicate that my green card is in process. lender was happy that green card is in process. she got terribly confused when I mentioned LC, 140 and EAD. Be careful with words you use becuase the lender or anyone at walmart or honda are not that educated about the pains of GC process and not that they are bad and dont want ur business.
I am also not surprised on reading this thread because our local citizen friends (bankers et al) get pi$$ed off to learn that I dont have a green card and we own homes becuase we are perfect candidates to walk off in a foreclosure with nothing to worry.
on a serious note - if on H1 and no EAD. think twice before buying a house. Job Markets are becoming unfriendly for H1 holders.
God be with you.
-Oye Chakdepatte
my friends were on H1. I was on EAD but all I had to provide was my credit score, 6 months paychecks, company history and indicate that my green card is in process. lender was happy that green card is in process. she got terribly confused when I mentioned LC, 140 and EAD. Be careful with words you use becuase the lender or anyone at walmart or honda are not that educated about the pains of GC process and not that they are bad and dont want ur business.
I am also not surprised on reading this thread because our local citizen friends (bankers et al) get pi$$ed off to learn that I dont have a green card and we own homes becuase we are perfect candidates to walk off in a foreclosure with nothing to worry.
on a serious note - if on H1 and no EAD. think twice before buying a house. Job Markets are becoming unfriendly for H1 holders.
God be with you.
-Oye Chakdepatte
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mango_man
06-11 07:21 PM
Just eat mangoes and have fun! GC doesnt taste half as good as Indian mangoes.
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s_r_e_e
09-10 02:29 PM
I am surprised that, many are surprised about the OCT dates! expected!
recapture or die! :)
recapture or die! :)
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manderson
01-03 03:52 PM
I thought the Background check and AP are independent of each other. Perhaps one of the gurus can confirm this.
Now I am worried too... man the surprises never end!
Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.
Now I am worried too... man the surprises never end!
Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.
more...
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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
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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arihant
03-13 12:31 PM
Looking through the ammendments, one that stuck out was about the drunk driving conviction. The ammendment makes it a deportable crime. Well, not that we would ever be stupid enough to drink and drive. But, if you do, and you get caught, be aware of the serious implications it may have.
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Gravitation
12-18 11:12 AM
I'm a great believer in Gandhi's beliefs.
They're not applicable in this situation however.
You need to hunger-strike when your lawmakers don't listen to you when you have no representation.
Here, lawmakers will listen if you know how to lobby.
A lot of people try to copy Gandhi's actions literally. Copy the philosopy if you must, not the direct actions.
They're not applicable in this situation however.
You need to hunger-strike when your lawmakers don't listen to you when you have no representation.
Here, lawmakers will listen if you know how to lobby.
A lot of people try to copy Gandhi's actions literally. Copy the philosopy if you must, not the direct actions.
sagittariusarm
09-30 04:43 PM
My EB3 PD is Oct 2003. I-140 approved and I-485 ND is July24th.when can i expect to get the green card?. thanks in advance.
Good question!!!
I think all our folks here and myself have the same question too. My PD is 10/2003 and RD July 2nd. p_kumar, I can assure nobody can answer this question, not even USCIS. I am sure this site would have not existed if there was an answer. Sorry for beating round the bush, I am sure you would have known the answer by now.
Good question!!!
I think all our folks here and myself have the same question too. My PD is 10/2003 and RD July 2nd. p_kumar, I can assure nobody can answer this question, not even USCIS. I am sure this site would have not existed if there was an answer. Sorry for beating round the bush, I am sure you would have known the answer by now.
saileshdude
07-11 11:51 AM
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
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