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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate




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  • Marphad
    07-06 11:37 AM
    Can you please let us know what gives you the right to call for a change the leadership?

    Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.

    Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!

    I am surprised to see that IV has 450K asset! Where did that number come from?




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  • kumar4j2ee
    09-17 02:02 PM
    Order Details - Sep 17, 2007 1:33 PM EDT
    Google Order #371403364547278




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  • diptam
    12-18 12:33 PM
    My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.

    a) Why do you need this guy
    b) Can you find an american instead of this guy
    c) How you benchmark performance in the company

    etc...

    diptam : Whether your I-140 is approved now?



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  • vin13
    03-12 03:45 PM
    Please do not convince your friends.

    If you are yourself not contributing, how will you convince them to contribute. :D

    Great! Someone should give you an award for motivation

    For your information, i have contributed to IV monetarily. It just does not show up on the handle for some reason i do not know.




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  • BharatPremi
    09-10 08:00 PM
    EB3 -India: "Dukh Bhare Din Bite re Bhaia, Ab Sukh Aaio Re...":p
    EB2-India: "Yeh Kya Hua, Kaise Hua, Kab Hua, Kyon Hua... Dil Ki Bate..":mad:



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  • lonedesi
    08-13 02:12 PM
    lonedesi,
    Any word this ?


    You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.




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  • June05
    07-14 01:56 PM
    Done.

    Conf # 7YB2M-N5ZJC

    Amount $10 - me and my wife.



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  • Blessing&Lifeisbeautiful
    10-23 12:34 AM
    Something's going on in the Senate....recapture of unused visa is proposed as an amendment to labor and healthcare appopriations bill.....let's see what happens tomorrow...expect that it will be tackled tomorrow!

    They are proposing to recapture 61,000 unused visa for Schedule A. Keep praying everyone!




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  • SkilledWorker4GC
    07-15 10:19 AM
    Sent a contribution worth lunch money for a week.

    Biller Name Account Amount Pay Date Confirmation Memo Note
    Immigration Voice
    Free Checking XXXX $25.00
    07/18/2008 7YDR4-N7FRN HIGH 5 funding Dr Contri, Amit B

    New Day today.

    Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.

    Also let us remember to update our signatures and include a link to this thread.



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  • 485Mbe4001
    08-15 11:50 AM
    True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.

    We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.

    What are your thoughts?


    actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact




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  • manderson
    12-28 06:31 PM
    After some point we need to ask USCIS to update the processing times to reflect this long delay, or take legal action or whatever to expedite this...



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  • 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




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  • jamesbond007
    09-09 01:44 PM
    Gapala made some very good analysis in his posts on this thread.

    But......
    Looking at the country's GDP to analyze the price of land in a few cities does not make sense. The growth in land value is not across the length and breadth of the country. It is only limited to the big cities which are experiencing the money rush.
    NRI's from the US are only one piece of the puzzle who are funneling in money to India.
    There are NRIs from other countries.
    Then there are business people making big profits dealing with other countries.
    And local business people who have a lot of black money. All of them together are keeping up the prices.

    There also seems to be a change in the thinking of the Indian middle class. Most of our parents' generations were in the habit of saving up money and making purchases with the saved money.(These were savings in a bank account mind you; not investments that grew at a rate better than the inflation.)
    The current middle class seems to realize that trying to save money in a bank in order to buy something is foolish since the paper money is losing its value over time. So they are either investing; or making purchases with borrowed money as long as they can make the EMI payments. Overall, the current middle class is not backing out of buying what they need for lack of money. (This trend will probably lead India in the same path as the US i.e. huge debt for everyone)

    Regarding the question "why would a farmer sit on land valued at $100K, while only making about $1K by farming that land?" Its only a matter of time before they realize their fool hardiness and then they will sell. Pretty soon when the construction begins in their neighbourhood, and prices of all commodities go up so much that they can't live in their $1K income, then they will be forced to sell. Or they might get the wind of a "someone they know" who sold, and they will follow their example.

    Strictly speaking about Hyderabad, there are a lot of farmers who cashed out their lands in the city outskirts. Smart ones then moved out further away from the city and bought more land there to continue their farming. Others are spending their windfall on jewellery, cars and other bling.

    All that being said, it is still scary to me.
    In my opinion, anyone looking to make a quick buck should not get into it at this time.
    If you want to buy because you want to go back and settle there in a couple of years, then that is different.

    [quote] to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.

    Also better salaries all around fueled by attrition of talent to the IT sector. [quote]

    This may be correct to certain extent but only the elite class and creamy layer of 1.8% of total population. When we look at the bigger picture of the country, I could not connect the dots. GDP is just above $2500 and PPP is about $3300. How in the world will you justify $200,000 to $300,000. Plus the cost of financing the purchase.

    In simple terms, median home price is 100 times the GDP and life expectancy in india is 70 years. average work life span is 40 years. Home Mortgages are 15, 20 or 25 years in India which will cover only 1/4th of the median price of a home based on even anticipated high GDP growth and considering moderate increase in cost of living. Given that the risk of default is huge and banks are running at very high risk. I believe buying a house is a big gamble in India and more to that for Banks, lending is also a big gamble.

    Note that according to banks, investment in apartments capitalize only over 25 years in india. (Rent vs. Own) Is this correct? Average rentals in ONLY Big cities are Rs. 12000 ($275 / month $3300 a year) to 15000 ($340 / month $4000 a year) for the same 1000 sqft 2 bedroom apartments which itself is above the GDP :). What that tells me, even the rentals are also not affordable to majority of the population. Back to captalization part 4000 * 25 = 100,000. which is half of the investment... add the alternate investment value for 25 years, capitalization will be way below 50%.
    That means it will take more than 50 years to capatilize the investment. This is more that Mod average work life span of 40 years. Note that Maintenance and Taxes for 25 years excluded in above calc. Are banks stupid?

    I do not know what to tell ya man! To me its really scary

    A small credit crunch (crisis is not required) might bring the entire economy to floor.

    fine print: (Above analysis applies only for working taxpaying people like us who does not have unaccounted money.)



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  • jgh_res
    07-20 03:09 PM
    Contact TANA. I think they donated a million or so to clinton's.

    Lest contact USINPAC!!!!!!!

    Lest see what they can do...




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  • obviously
    08-15 09:29 PM
    I happen to be a freelance writer (not a journalist). In response to this thread, I have penned a 2,700 word commentary on the current challenges titled "The Plight of Promise". In order to beef it up with some compelling statistics, can 5 or 6 people respond to this thread with anonymized details of their specific circumstances and how they are suffering. Keep it to 2 or 3 sentences. I will cull out required data points to make the case. For ex:
    - AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...

    If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.

    Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!

    hastily, but sincerely,
    obviously



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  • andy007
    07-05 07:39 PM
    Hi Folks-
    We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
    Thx
    Aj

    Perfect .. everybody should know how we are suffering .. since monday.. this is not fair at alll for legal Immigrants.......... We will hear good news soon from USCIS/DOS People............




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  • SouthSky
    06-02 12:50 PM
    My PD EB3 01/15/2005
    Applied I140 PP 05/18/2007
    Approved I140 05/23/2007

    Man I am screwed

    I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?

    I'm praying that it will not be given any consideration by those who have powers.




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  • lskreddy
    04-30 02:37 PM
    I tried several times and it started finally working with real player. I think it is Lofgren who is giving the status of the backlog, wastage etc..




    priti8888
    07-24 11:42 AM
    But how cud they accept and process the application if his date was not current in june ??


    Correct, They would accept only if his dates were current in June




    WaldenPond
    11-05 12:47 PM
    Hello Jimi,

    Thank you for taking the lead in southern California. Activating State Chapters is a great idea. We all need to be more active in our local areas. This will help a long way in connecting with other IV members to create more awareness and ultimately achieve success.

    Thanks again,
    WaldenPond



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