gcgonewild
02-13 04:47 PM
If this could be pushed as admin fix, that could help a lot.
In such difficult econonic downturn, this would probably give hope for people.
In such difficult econonic downturn, this would probably give hope for people.
wallpaper This is Abbey Lee.
Jerrome
07-17 07:03 PM
Please do not confuse with IV objectives with the Posts with someone who is not part of core team. IV's objective is always getting MORE visa numbers.
All these Horizontal vs Vertical etc all USCIS/DOS created issues. Whoever is benefiting out of this overflow, they are happy and others are not happy.
Last year during last quarter there was heated discussions between EB3-ROW and EB India. During that time there was vertical flow and EB3ROW got more visa.
If you ask me overflow should be evenly distributed based on the backlog of a specific category.
The % of allocation should be based on the backlog.
To do this USCIS/DOS should have exact detail and have a centralized process in place. Since they don't have this and changing this is not possible in our life time, everyone is trying to suggest to change to EB2.
Achievable goals or goals worth pursuing from IVs point i guess is
a) Visa # increase
b) Making USCIS accountable for yearly visa#
- In my opinion If there is no IV then even 140K visa allotment in a year, overflow etc,etc..itself would not have happened.
Thats why Always IV moderators and core team members maintained that only way out of this mess is "to increase the visa#".
All these Horizontal vs Vertical etc all USCIS/DOS created issues. Whoever is benefiting out of this overflow, they are happy and others are not happy.
Last year during last quarter there was heated discussions between EB3-ROW and EB India. During that time there was vertical flow and EB3ROW got more visa.
If you ask me overflow should be evenly distributed based on the backlog of a specific category.
The % of allocation should be based on the backlog.
To do this USCIS/DOS should have exact detail and have a centralized process in place. Since they don't have this and changing this is not possible in our life time, everyone is trying to suggest to change to EB2.
Achievable goals or goals worth pursuing from IVs point i guess is
a) Visa # increase
b) Making USCIS accountable for yearly visa#
- In my opinion If there is no IV then even 140K visa allotment in a year, overflow etc,etc..itself would not have happened.
Thats why Always IV moderators and core team members maintained that only way out of this mess is "to increase the visa#".
abhijitp
11-19 06:58 PM
Actually I made mistake in my math,
$20 (2% of $1000 monthly bill) * 2k ( 10% of 20k IV members) = 40K per month
I guess 10% people with $1000 monthly credit card bill is not too optimistic.. is it?
One simple way to measure this is, lets have poll. ( how do you create poll?) I have never done it before.
poll choice should be
Your preference to contribute to IV
Choices are
1) I prefer to contribute $10/20 cash monthly
2) I prefer to use IV branded credit card, Let CC company pay 2% of my cc bill every month.
3) I prefer Google ads on IV website...I promise to click on 10 ads every day ;)
One important question is, does IV loose any charitable(non-profilt) status by issuing a CC?
-Naushit.
First of all, "promise to click 10 ads a day" does not seem like a good idea, and it will land IV in trouble if ever google ads show up on IV!
Now, when you read the following... YOU stands for each one of the people who are waiting for the IV credit card, the google ads, and similar such by-products of their apathy towards their own cause!
I am choosing the word "apathy" because IMHO waiting for google ads or the IV credit card is just another way to evade the question-- what have YOU done to help the only grass roots organization of volunteers like YOU who work tirelessly to get YOU out of this mess?
If clicking away 100 ads a day or paying for junk food with your IV credit card is the only way you can contribute, that's just lame!
And what is the guarantee this will work?
The IV credit card, if it becomes a reality, will not give YOU any cashback, and so YOU will continue to use your cashback generating costco amex cards and similar such credit cards.
The only common theme is... YOU want to find ways to evade contributing to IV.
Gosh... some of YOU folks are making IV sound like IT (Income Tax) :D
$20 (2% of $1000 monthly bill) * 2k ( 10% of 20k IV members) = 40K per month
I guess 10% people with $1000 monthly credit card bill is not too optimistic.. is it?
One simple way to measure this is, lets have poll. ( how do you create poll?) I have never done it before.
poll choice should be
Your preference to contribute to IV
Choices are
1) I prefer to contribute $10/20 cash monthly
2) I prefer to use IV branded credit card, Let CC company pay 2% of my cc bill every month.
3) I prefer Google ads on IV website...I promise to click on 10 ads every day ;)
One important question is, does IV loose any charitable(non-profilt) status by issuing a CC?
-Naushit.
First of all, "promise to click 10 ads a day" does not seem like a good idea, and it will land IV in trouble if ever google ads show up on IV!
Now, when you read the following... YOU stands for each one of the people who are waiting for the IV credit card, the google ads, and similar such by-products of their apathy towards their own cause!
I am choosing the word "apathy" because IMHO waiting for google ads or the IV credit card is just another way to evade the question-- what have YOU done to help the only grass roots organization of volunteers like YOU who work tirelessly to get YOU out of this mess?
If clicking away 100 ads a day or paying for junk food with your IV credit card is the only way you can contribute, that's just lame!
And what is the guarantee this will work?
The IV credit card, if it becomes a reality, will not give YOU any cashback, and so YOU will continue to use your cashback generating costco amex cards and similar such credit cards.
The only common theme is... YOU want to find ways to evade contributing to IV.
Gosh... some of YOU folks are making IV sound like IT (Income Tax) :D
2011 Model Du Jour: Abbey Lee
mheggade
07-14 10:46 AM
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
more...
ramus
06-13 08:47 PM
I think you can..
I have I-140 with substitution pending since March of this year. Can I file for 485 now or do I need to wait for I-140 approval? Thanks.
I have I-140 with substitution pending since March of this year. Can I file for 485 now or do I need to wait for I-140 approval? Thanks.
GC_Waiter_2000
05-19 12:14 PM
Sent emails
more...
senk1s
09-26 11:29 AM
http://www.flcdatacenter.com/
2010 abbey lee kershaw numero 109 6
apb
09-07 06:07 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
more...
gk_2000
03-28 05:19 PM
Ahh.. atleast i have one person who is agreed on my point. Thanks
MC
How does it feel, to be alone? Selfish will be alone in the end. Good luck.
MC
How does it feel, to be alone? Selfish will be alone in the end. Good luck.
hair Abbey Lee Kershaw
coopheal
03-14 04:54 PM
This is like telling passengers to move to the other side of the boat when it starts sinking one side. The outcome is only making the boat sink faster. Remember, the huge backlogs are not completely due to unavailable visa numbers.
Unless there is a real need, moving from EB3 to EB2 dont make much sense.
Do not agree with this. This is not a fair analogy.
Nobody is saying IV should stop efforts for administrative and legislative fixes.
If someone has an option to switch to EB2, he/she should definitely try it.
Unless there is a real need, moving from EB3 to EB2 dont make much sense.
Do not agree with this. This is not a fair analogy.
Nobody is saying IV should stop efforts for administrative and legislative fixes.
If someone has an option to switch to EB2, he/she should definitely try it.
more...
new2H1&GC
08-31 11:28 AM
Hi all,
Sorry to be asking again, but I needed some details on changing employers before Oct 1st.
Here's the situation. I am currently on H4 and got my H1B approved this year through a consultancy with start date of Oct 1st 2007 (lucky to get through lottery).
I only have a copy of the H1B approval notice.
A few days back I got an offer for a full time position with another company (NOT a consultancy). And they are willing to do my H1B.
I learned through this forum, that applying for a change of employer before Oct 1st with an approved H1B, is like getting a new H1B only i'm already counted against the cap for the fiscal year. And because it's considered "new" paystubs are not required. Hope I've got this much right.
My questions are:
1. Are all the documents required the same as when you apply for a new H1B ? Only you also have to add the approved H1B notice?
2. Is it ok if a COPY of the H1B approval notice is sent? Consultancy had a verbal agreement with me that I should work for a year with them , but I don't think anything is on paper. Also they said they would only give me my H1B approval notice (original) once I was placed on a project with them.
3. Does the job title have to be the same? Consultancy applied as Programmer Analyst, and the new company needs a Web Programmer/Server Administrator. Would that cause any issues?
4. The new company plans to do premium processing, so if all goes well, can I start working with them as soon as the receipt notice comes in, or do I have to wait till I have the approval notice in hand?
5. Can the consultancy cause any problems for me with respect to my H1B? Is there any way they can find out about this and revoke my H1B?
If anyone has been through this and got their H1B approved with a different employer before the H1B start date, then please post your replies here. What were the hurdles , and what should I be wary of to ensure everything goes smoothly?
Sorry to be asking again, but I needed some details on changing employers before Oct 1st.
Here's the situation. I am currently on H4 and got my H1B approved this year through a consultancy with start date of Oct 1st 2007 (lucky to get through lottery).
I only have a copy of the H1B approval notice.
A few days back I got an offer for a full time position with another company (NOT a consultancy). And they are willing to do my H1B.
I learned through this forum, that applying for a change of employer before Oct 1st with an approved H1B, is like getting a new H1B only i'm already counted against the cap for the fiscal year. And because it's considered "new" paystubs are not required. Hope I've got this much right.
My questions are:
1. Are all the documents required the same as when you apply for a new H1B ? Only you also have to add the approved H1B notice?
2. Is it ok if a COPY of the H1B approval notice is sent? Consultancy had a verbal agreement with me that I should work for a year with them , but I don't think anything is on paper. Also they said they would only give me my H1B approval notice (original) once I was placed on a project with them.
3. Does the job title have to be the same? Consultancy applied as Programmer Analyst, and the new company needs a Web Programmer/Server Administrator. Would that cause any issues?
4. The new company plans to do premium processing, so if all goes well, can I start working with them as soon as the receipt notice comes in, or do I have to wait till I have the approval notice in hand?
5. Can the consultancy cause any problems for me with respect to my H1B? Is there any way they can find out about this and revoke my H1B?
If anyone has been through this and got their H1B approved with a different employer before the H1B start date, then please post your replies here. What were the hurdles , and what should I be wary of to ensure everything goes smoothly?
hot Abbey Lee Kershaw
newuser
05-19 02:57 PM
Donated $100 for the event.
Transaction ID: 5ER01165N9379171P
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966
Transaction ID: 5ER01165N9379171P
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966
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house Abbey Lee Kershaw
eb3_nepa
05-26 09:42 PM
One more question.
Where do you file if you are filing at the Texas Service Center?
It says:
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
However Fedex/UPS will not deliver to PO Boxes. So does that mean we can send it ONLY via USPS?
Where do you file if you are filing at the Texas Service Center?
It says:
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
However Fedex/UPS will not deliver to PO Boxes. So does that mean we can send it ONLY via USPS?
tattoo Cover: Abbey Lee Kershaw
gcisadawg
09-29 09:48 PM
It depends on the day. I had great experience with all the airlines that I've traveled so far.
(Air India, Malaysian and Lufthansa)
When we traveled with our twins on Lufthansa they were extremely helpful. They even went to the extent of checking our documents ( as opposed to standing in the line) in the sitting/waiting area at Frankfurt airport for us.
The ground staff at one small Indian domestic airport floored us by bringing a Jeep near the plane (as opposed to walking to the terminal from the runway).
I believe when you are with small babies, airlines goto great length to help you.
At the same time, when we fly next, we would go with lower expectation since you never know when the law of averages will catch up! I know its due! :D
Thanks,
GCisaDawg
(Air India, Malaysian and Lufthansa)
When we traveled with our twins on Lufthansa they were extremely helpful. They even went to the extent of checking our documents ( as opposed to standing in the line) in the sitting/waiting area at Frankfurt airport for us.
The ground staff at one small Indian domestic airport floored us by bringing a Jeep near the plane (as opposed to walking to the terminal from the runway).
I believe when you are with small babies, airlines goto great length to help you.
At the same time, when we fly next, we would go with lower expectation since you never know when the law of averages will catch up! I know its due! :D
Thanks,
GCisaDawg
more...
pictures Aussie beauty Abbey Lee
pss
07-01 05:31 PM
I highly recommend Jessie Ho in Cupertino, CA. www.jessieho.com.
She responds to email/phone very reasonably (about an hour via email and 99% of the time answers phone). She worked over weekend to file I485.
She went out of her way to even pay USCIS filing fees from her pocket as there was a delay in processing compnay check. How many of your Lawyers will do that?
She responds to email/phone very reasonably (about an hour via email and 99% of the time answers phone). She worked over weekend to file I485.
She went out of her way to even pay USCIS filing fees from her pocket as there was a delay in processing compnay check. How many of your Lawyers will do that?
dresses Style Icon: Abbey Lee Kershaw
GCard_Dream
03-21 11:16 AM
Great post. Couldn't agree with you more.
The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
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makeup Abbey Lee Kershaw
mashu
07-31 08:53 PM
... and prepared the following documents to be send:
-Copy of a e-filed I-131 receipt (.pdf, received right after submission, credit card payment reflected)
-Copy of Notice of Action for e-filed I-131 (received from USCIS, paper)
-Copy of I-485 receipt
-Copy of last Advance Parole
-2 photographs.
I hope this is what is required as supplemental docs.
Best wishes!!!
-Copy of a e-filed I-131 receipt (.pdf, received right after submission, credit card payment reflected)
-Copy of Notice of Action for e-filed I-131 (received from USCIS, paper)
-Copy of I-485 receipt
-Copy of last Advance Parole
-2 photographs.
I hope this is what is required as supplemental docs.
Best wishes!!!
girlfriend Abbey Lee Kershaw
NolaIndian32
04-28 10:17 AM
Contributed through paypal and Receipt ID: 5WU062607T926773U
Thanks Sonaliak!!!
GO IV
Thanks Sonaliak!!!
GO IV
hairstyles abbey-lee-kershaw
poreddyp
04-28 05:26 PM
Contributed $100.00
Receipt # 23C422006W574091M
I am from MI Chapter
Receipt # 23C422006W574091M
I am from MI Chapter
gc_rip
02-25 06:32 PM
My Mother in law is severely sick, and my wife needs to travel asap. We need to get her AP, as it's expired.
1. Is there an urgent processing option for the AP? And how ?
2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?
Thanks,
1. Is there an urgent processing option for the AP? And how ?
2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?
Thanks,
nave_kum
07-22 03:24 AM
07/21/2007: RFE/NOID Flexible Time Frame Rule and Need for USCIS Discretion for Pe-July 17, 2007 EB-485 Filers
July VB Fiasco was a tragic event in the American immigration history and we are grateful that the USCIS rectified the problem on July 17, 2007 by reversing its decision to deny July 2007 EB-485 applications. We do not have specific statisics on EB-485 filers from July 2, 2007 until July 17, 2007. However, for the two reasons, among others, a large number of applicants sent in EB-485 applications during the period. Firstly, they more or less anticipated that either DOS or USCIS would rectify the problems because of the potential serious flaws in their decisions. Secondly, AILF was preparing class action lawsuits and they wanted to make it sure that they took advantage of being a member of the class without actually being named as plaintiffs. One time, people thought it was a smart move and right thing to do it, even though this reporter suggested to the people to wait until August VB was released.
Currently, these early filers are literally going through nightmares, hardships, and sleepless nights because of the two reasons. The first reason is that their cases have been on hold and no Receipt Notices have been issued. The second reason is that recently the USCIS revised its rule (1) allowing the adjudicating officers to exercise a discretion and issue a RFE with the response time of less than 12 weeks and (2) to exercise a discretion to either reject or deny a petition or an application without issuing RFE when the "initial evidence" is missing in the filing. Combination of these facts is currently creating a turmoil to these filers for the two reasons. There are some filers who submitted I-140/I-485 application without a sufficient documentation in haste, for instance, medical report, or other flaws in the submitted evidence. These people are restless not knowing whether their application could be rejected or denied, indeed a truly deadly consequences. The circumstances force them to wonder whether they should refile the petition/application before August 17, 2007 not to take any chances. There are, however, two hurdles to such decision. One is the recent denial of I-140 petitions by the adjudicators if the petition was not accompanied by the "original" labor certification. The another reason is no fixed rule or policy on the filing of multiple I-485 applications. This creates a fear that their second filing may also be rejected or denied. They are thus trapped! The second victims are international travelers. If the application is either rejected or denied and they are present in the U.S., they will be able to refile it after correcting the flaws in their initial evidence before August 17, 2007. However, when they are not present in the U.S., they will be deprived of such opportunities, which may be considered "deadly." Some people are still present in the U.S. at this time, but because of business or personal emergency, they will have to travel outside of the country using their H-1B/H-4 or L-1/L-2 visa. If their cases are rejcted or denied during their absence, they will not be able to refile it timely before August 17, 2007. They are trapped again! Their act which was considered a right thing to do to one time turns out to be a nightmare. Who would have anticipated the nightmare?
We urge the USCIS to consider the following actions to relieve these applicants from the unnecesary hardship:
Under he RFE/NOID Flexible Timeframe rule, a decision to reject or deny without a RFE remains a "discretion" of the individual adjudicator in each case. This reporter proposes that considering the unusual circumstances involving the July VB fiasco and the USCIS unusual remedial action at the last minute, the USCIS exempts these filers from the rule and make it mandatory to issue RFE before rejection or denial unless the following flaws are found in the filing:
No filing fee checks or flaws in the filing fee checks
Missing signatures in the forms
Missing forms
Missing underlying certified labor certification application for I-140 petitions (either original or copy).
Should the filers decide to refile it before August 17, 2007, the USCIS should accept a copy of the certified labor certification application rather than rejection or denial of the refiled I-140 petition. In fact, it has been the INS/USCIS tradition to accept I-140 petition with a copy of the certified labor certification application inasmuch as the original was on file with the agency, albeit in other file of the same applicant or other applicants. Accordingly, it should be a matter of adhering to the tradition and to instruct the adjudicators not to reject such refiling on the issue of a copy of the certified labor certification application. Additionally, inasmuch as there is an evidence that the labor certification has been certified by the DOL but the applicant was unable to submit the original or copy because the application was lost or yet to be delivered to the applicant, such I-140 which was filed during the period should not be rejected or denied. Again, it has been a tradition of the agency to request a duplicate certified labor certification from the DOL by the agency itself when there was a proof of certification. We urge the USCIS to exercise the discretion and instruct the adjudicators not to reject or deny I-140 filed during the problem period for the reasons of missing "original."
Foregoing actions will relieve these filers from most of the nightmares or status of being trapped. It is thus strongly urged that the leaders of the USCIS extend a compassion on a human level and exercise a discretion immediately to take the foregoing actions. This reporter has been receiving hundres of emails from these filers and had to share the pains and emotional despair since there was no answer to the foregoing issues under the curcumstances. Since the deadline of filing is August 17, 2007, the USCIS should swiftly release an announcement to relieve these people from the problem "effectively." On behalf of all these trapped, this reporter personally pleas the leaders of the USCIS to act quickly.
July VB Fiasco was a tragic event in the American immigration history and we are grateful that the USCIS rectified the problem on July 17, 2007 by reversing its decision to deny July 2007 EB-485 applications. We do not have specific statisics on EB-485 filers from July 2, 2007 until July 17, 2007. However, for the two reasons, among others, a large number of applicants sent in EB-485 applications during the period. Firstly, they more or less anticipated that either DOS or USCIS would rectify the problems because of the potential serious flaws in their decisions. Secondly, AILF was preparing class action lawsuits and they wanted to make it sure that they took advantage of being a member of the class without actually being named as plaintiffs. One time, people thought it was a smart move and right thing to do it, even though this reporter suggested to the people to wait until August VB was released.
Currently, these early filers are literally going through nightmares, hardships, and sleepless nights because of the two reasons. The first reason is that their cases have been on hold and no Receipt Notices have been issued. The second reason is that recently the USCIS revised its rule (1) allowing the adjudicating officers to exercise a discretion and issue a RFE with the response time of less than 12 weeks and (2) to exercise a discretion to either reject or deny a petition or an application without issuing RFE when the "initial evidence" is missing in the filing. Combination of these facts is currently creating a turmoil to these filers for the two reasons. There are some filers who submitted I-140/I-485 application without a sufficient documentation in haste, for instance, medical report, or other flaws in the submitted evidence. These people are restless not knowing whether their application could be rejected or denied, indeed a truly deadly consequences. The circumstances force them to wonder whether they should refile the petition/application before August 17, 2007 not to take any chances. There are, however, two hurdles to such decision. One is the recent denial of I-140 petitions by the adjudicators if the petition was not accompanied by the "original" labor certification. The another reason is no fixed rule or policy on the filing of multiple I-485 applications. This creates a fear that their second filing may also be rejected or denied. They are thus trapped! The second victims are international travelers. If the application is either rejected or denied and they are present in the U.S., they will be able to refile it after correcting the flaws in their initial evidence before August 17, 2007. However, when they are not present in the U.S., they will be deprived of such opportunities, which may be considered "deadly." Some people are still present in the U.S. at this time, but because of business or personal emergency, they will have to travel outside of the country using their H-1B/H-4 or L-1/L-2 visa. If their cases are rejcted or denied during their absence, they will not be able to refile it timely before August 17, 2007. They are trapped again! Their act which was considered a right thing to do to one time turns out to be a nightmare. Who would have anticipated the nightmare?
We urge the USCIS to consider the following actions to relieve these applicants from the unnecesary hardship:
Under he RFE/NOID Flexible Timeframe rule, a decision to reject or deny without a RFE remains a "discretion" of the individual adjudicator in each case. This reporter proposes that considering the unusual circumstances involving the July VB fiasco and the USCIS unusual remedial action at the last minute, the USCIS exempts these filers from the rule and make it mandatory to issue RFE before rejection or denial unless the following flaws are found in the filing:
No filing fee checks or flaws in the filing fee checks
Missing signatures in the forms
Missing forms
Missing underlying certified labor certification application for I-140 petitions (either original or copy).
Should the filers decide to refile it before August 17, 2007, the USCIS should accept a copy of the certified labor certification application rather than rejection or denial of the refiled I-140 petition. In fact, it has been the INS/USCIS tradition to accept I-140 petition with a copy of the certified labor certification application inasmuch as the original was on file with the agency, albeit in other file of the same applicant or other applicants. Accordingly, it should be a matter of adhering to the tradition and to instruct the adjudicators not to reject such refiling on the issue of a copy of the certified labor certification application. Additionally, inasmuch as there is an evidence that the labor certification has been certified by the DOL but the applicant was unable to submit the original or copy because the application was lost or yet to be delivered to the applicant, such I-140 which was filed during the period should not be rejected or denied. Again, it has been a tradition of the agency to request a duplicate certified labor certification from the DOL by the agency itself when there was a proof of certification. We urge the USCIS to exercise the discretion and instruct the adjudicators not to reject or deny I-140 filed during the problem period for the reasons of missing "original."
Foregoing actions will relieve these filers from most of the nightmares or status of being trapped. It is thus strongly urged that the leaders of the USCIS extend a compassion on a human level and exercise a discretion immediately to take the foregoing actions. This reporter has been receiving hundres of emails from these filers and had to share the pains and emotional despair since there was no answer to the foregoing issues under the curcumstances. Since the deadline of filing is August 17, 2007, the USCIS should swiftly release an announcement to relieve these people from the problem "effectively." On behalf of all these trapped, this reporter personally pleas the leaders of the USCIS to act quickly.
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