cjagtap
08-10 09:51 PM
any TSC receipts??????? mine was TSC -2 nd July..
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mirage
04-30 03:56 PM
I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???
caydee
06-02 01:42 PM
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT. Please write to senators and house representatives highlighting the "age-out" problem.
Appreciate your contribution to IV.
Thanks
None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT. Please write to senators and house representatives highlighting the "age-out" problem.
Appreciate your contribution to IV.
2011 Filed under: WWE Divas
ronhira
05-06 12:58 PM
just found this online ni one of the articles
Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.
Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.
more...
sam_hoosier
01-03 04:26 PM
I come from a nuclear family in India and see no reason why my kid cannot develop into a good citizen the way my parents made sure I did..........
I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........
It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........
Sure, I dont think there is any one correct answer for this dilemma. Most of us are going to base our decisions on our personal circumstances and hope that they turn out correct in the long run :)
I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........
It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........
Sure, I dont think there is any one correct answer for this dilemma. Most of us are going to base our decisions on our personal circumstances and hope that they turn out correct in the long run :)
Milind123
09-14 01:12 PM
Great job Milind!
Keep it up! You should be our "guest of honor" at the rally!
How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)
What do you say folks?
Thanks dtekkedil. Now you are stopping me from coming to the rally. There are other people who deserve this honor more.
Keep it up! You should be our "guest of honor" at the rally!
How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)
What do you say folks?
Thanks dtekkedil. Now you are stopping me from coming to the rally. There are other people who deserve this honor more.
more...
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
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
2010 Stacy Keibler (WWE Diva)
yabadaba
02-18 05:04 PM
No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.
2005 PERM approvals (India - includes EB2, EB3 and EB3 Other workers)
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
2005 PERM approvals (India - includes EB2, EB3 and EB3 Other workers)
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
more...
lonedesi
08-08 09:05 AM
Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?
This way it will turn out to be a letter campaign.
What do you think ?
My understanding is if you send a general letter, you will get a general response (standard template) from the Ombudsman's office. For that matter, you don't even have to send the general letter, because I will provide you with the response you can expect to receive from Ombudsman's office without the DHS Form 7001.
----------------------------------------------------------------
"
Thank you for your recent correspondence to the Office of the
Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I
appreciate your comments regarding I-140 processing at the Service
Centers. We are well aware of the processing delays at all of the
Service Centers. Currently the TSC is processing I-140 applications
received in July 2007. USCIS has taken steps to address the processing
delays, but their efforts have not come about swiftly. We are
continuing to review and address this issue.
Under the authority of the Homeland Security Act of 2002, the CIS
Ombudsman assists individuals and employers who experience specific
problems during the USCIS benefits seeking process, largely to identify
problems and to formulate recommendations to improve the USCIS service.
Please see our website for more information about the CIS Ombudsman
(www.dhs.gov/cisombudsman/).
I believe that first hand information from individuals like you is the
best source for identifying systemic problems in the immigration
benefits process. My office will consider the information you provided
as we develop recommendations to improve USCIS' practices and
procedures.
Once again, thank you for taking the time to contact my office, and for
giving me the opportunity to serve you. I look forward to the day when I
can report that the work of this office has been accomplished because
our vision of a world-class immigration benefits system has been
achieved. Your contribution takes us a step closer to reaching this
goal.
Office of the Ombudsman
-------------------------------------------------------
Please don't get me wrong. All I am trying to emphasize is the DHS Form 7001 is absolutely necessary if you want them to investigate the problem and see for themselves if what we are complaining about is indeed true. You stand a chance that they may take steps to address this problem. If not, it is just waste of time and effort. There is nothing to fear by providing the case details to Ombudsman's office. There are people who have sued USCIS due to the delays and have won their cases....so why fear when all you are doing is requesting USCIS to process our cases in orderly manner.
So please take the time to mail the letter & the completed DHS Form 7001 to the ombudsman's office.
This way it will turn out to be a letter campaign.
What do you think ?
My understanding is if you send a general letter, you will get a general response (standard template) from the Ombudsman's office. For that matter, you don't even have to send the general letter, because I will provide you with the response you can expect to receive from Ombudsman's office without the DHS Form 7001.
----------------------------------------------------------------
"
Thank you for your recent correspondence to the Office of the
Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I
appreciate your comments regarding I-140 processing at the Service
Centers. We are well aware of the processing delays at all of the
Service Centers. Currently the TSC is processing I-140 applications
received in July 2007. USCIS has taken steps to address the processing
delays, but their efforts have not come about swiftly. We are
continuing to review and address this issue.
Under the authority of the Homeland Security Act of 2002, the CIS
Ombudsman assists individuals and employers who experience specific
problems during the USCIS benefits seeking process, largely to identify
problems and to formulate recommendations to improve the USCIS service.
Please see our website for more information about the CIS Ombudsman
(www.dhs.gov/cisombudsman/).
I believe that first hand information from individuals like you is the
best source for identifying systemic problems in the immigration
benefits process. My office will consider the information you provided
as we develop recommendations to improve USCIS' practices and
procedures.
Once again, thank you for taking the time to contact my office, and for
giving me the opportunity to serve you. I look forward to the day when I
can report that the work of this office has been accomplished because
our vision of a world-class immigration benefits system has been
achieved. Your contribution takes us a step closer to reaching this
goal.
Office of the Ombudsman
-------------------------------------------------------
Please don't get me wrong. All I am trying to emphasize is the DHS Form 7001 is absolutely necessary if you want them to investigate the problem and see for themselves if what we are complaining about is indeed true. You stand a chance that they may take steps to address this problem. If not, it is just waste of time and effort. There is nothing to fear by providing the case details to Ombudsman's office. There are people who have sued USCIS due to the delays and have won their cases....so why fear when all you are doing is requesting USCIS to process our cases in orderly manner.
So please take the time to mail the letter & the completed DHS Form 7001 to the ombudsman's office.
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saileshdude
09-10 10:33 AM
Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.
I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.
I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.
more...
pappu
10-02 07:37 PM
IV was able to get an op-ed published today
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
by Pankaj Kakkar.
We have an opportunity to get more op-eds published. If other members would like to write op-eds they can submit on this forum and PM me their contact details.
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
by Pankaj Kakkar.
We have an opportunity to get more op-eds published. If other members would like to write op-eds they can submit on this forum and PM me their contact details.
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rbharol
07-18 01:57 PM
Not to forget the people stuck in backlog centers.
I was stuck in backlog center.
Recently my company converted from Non-RIR to RIR and I got it approved
in a few months. In parallel, I had my labor approved via PERM too as a safety net, just in case dates become current.
I would personally suggest to change your case to RIR if it is not so and there
is no harm in getting PERM approval as well.
I was stuck in backlog center.
Recently my company converted from Non-RIR to RIR and I got it approved
in a few months. In parallel, I had my labor approved via PERM too as a safety net, just in case dates become current.
I would personally suggest to change your case to RIR if it is not so and there
is no harm in getting PERM approval as well.
more...
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add78
06-13 11:03 AM
You just paid without exposing your financial information.
$ 100
Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
Thanks my friend.
You finally posted the details!!!!
$ 100
Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
Thanks my friend.
You finally posted the details!!!!
tattoo WWE Diva Stacy Keibler quot;Starquot;
9years
11-30 02:05 PM
Just noticed there is an update on LUD on my previous EAD (not the current one). Not sure what that means though. Still waiting for response after sending interfiling letter.
Thank you for the update. I don't have any updates or LUDs. Best of luck to you.
Thank you for the update. I don't have any updates or LUDs. Best of luck to you.
more...
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h1b_forever
03-04 09:57 AM
I can understand rejecting loans for H1 since it is supposed to be temporary employment, but it does not make sense to reject for people on EAD.
I am in the process of refinancing, but I provided my H1 papers instead of EAD and my application was approved.
It is possible each company has a different policy. I went through Wells Fargo this time.
I am in the process of refinancing, but I provided my H1 papers instead of EAD and my application was approved.
It is possible each company has a different policy. I went through Wells Fargo this time.
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Macaca
09-12 04:06 PM
RANDAL C. ARCHIBOLD (http://www.nytimes.com/gst/emailus.html)
NEELA BANERJEE: nbanerjee@nytimes.com *
JAMES BARRON (http://www.nytimes.com/gst/emailus.html)
NINA BERNSTEIN: nbernstein@nytimes.com *
JULIE BOSMAN
EMILY BRADY
CARA BUCKLEY
DAVID W. CHEN
MARJORIE CONNELLY (http://www.nytimes.com/gst/emailus.html)
HELENE COOPER
ANNIE CORREAL
NICOLE COTRONEO
MONICA DAVEY
LAWRENCE DOWNES
TIMOTHY EGAN
KAREEM FAHIM
ALAN FEUER
ROBIN FINN
IAN FISHER
SAMUEL G. FREEDMAN sgfreedman@nytimes.com
DAVID GONZALEZ
STEVEN GREENHOUSE
Clyde Haberman
RAYMOND HERNANDEZ (http://www.nytimes.com/gst/emailus.html)
JOSEPH P. HOAR
JOHN HOLUSHA
CARL HULSE (http://www.nytimes.com/gst/emailus.html)
KIRK JOHNSON (http://www.nytimes.com/gst/emailus.html)
CLIFFORD KRAUSS
PAUL KRUGMAN krugman@nytimes.com
MARC LACEY
BRUCE LAMBERT
DAVID LEONHARDT Leonhardt@nytimes.com
PATRICIA NELSON LIMERICK
STEVE LOHR: slohr@nytimes.com *
MICHAEL LUO (http://www.nytimes.com/gst/emailus.html)
NEIL MacFARQUHAR
EILEEN MARKEY
ROBERT D. McFADDEN
JAMES C. McKINLEY Jr.
TIM MURPHY
MIREYA NAVARRO
JACQUELINE PALANK: jpalank@nytimes.com
ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) rpear@nytimes.com
JULIA PRESTON (http://www.nytimes.com/gst/emailus.html) juliapreston@nytimes.com
ANTHONY RAMIREZ: aramirez@nytimes.com | anthonyramirez@nytimes (did not work)
DAVID K. RANDALL
SAM ROBERTS
JESS ROW
JIM RUTENBERG (http://www.nytimes.com/gst/emailus.html)
MARC SANTORA (http://www.nytimes.com/gst/emailus.html)
JENNIFER STEINHAUER (http://www.nytimes.com/gst/emailus.html)
DAVID STOUT (http://www.nytimes.com/gst/emailus.html)
HEATHER TIMMONS
ROBIN TONER
MICHAEL WINERIP parenting@nytimes.com
JEFF ZELENY
NEELA BANERJEE: nbanerjee@nytimes.com *
JAMES BARRON (http://www.nytimes.com/gst/emailus.html)
NINA BERNSTEIN: nbernstein@nytimes.com *
JULIE BOSMAN
EMILY BRADY
CARA BUCKLEY
DAVID W. CHEN
MARJORIE CONNELLY (http://www.nytimes.com/gst/emailus.html)
HELENE COOPER
ANNIE CORREAL
NICOLE COTRONEO
MONICA DAVEY
LAWRENCE DOWNES
TIMOTHY EGAN
KAREEM FAHIM
ALAN FEUER
ROBIN FINN
IAN FISHER
SAMUEL G. FREEDMAN sgfreedman@nytimes.com
DAVID GONZALEZ
STEVEN GREENHOUSE
Clyde Haberman
RAYMOND HERNANDEZ (http://www.nytimes.com/gst/emailus.html)
JOSEPH P. HOAR
JOHN HOLUSHA
CARL HULSE (http://www.nytimes.com/gst/emailus.html)
KIRK JOHNSON (http://www.nytimes.com/gst/emailus.html)
CLIFFORD KRAUSS
PAUL KRUGMAN krugman@nytimes.com
MARC LACEY
BRUCE LAMBERT
DAVID LEONHARDT Leonhardt@nytimes.com
PATRICIA NELSON LIMERICK
STEVE LOHR: slohr@nytimes.com *
MICHAEL LUO (http://www.nytimes.com/gst/emailus.html)
NEIL MacFARQUHAR
EILEEN MARKEY
ROBERT D. McFADDEN
JAMES C. McKINLEY Jr.
TIM MURPHY
MIREYA NAVARRO
JACQUELINE PALANK: jpalank@nytimes.com
ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) rpear@nytimes.com
JULIA PRESTON (http://www.nytimes.com/gst/emailus.html) juliapreston@nytimes.com
ANTHONY RAMIREZ: aramirez@nytimes.com | anthonyramirez@nytimes (did not work)
DAVID K. RANDALL
SAM ROBERTS
JESS ROW
JIM RUTENBERG (http://www.nytimes.com/gst/emailus.html)
MARC SANTORA (http://www.nytimes.com/gst/emailus.html)
JENNIFER STEINHAUER (http://www.nytimes.com/gst/emailus.html)
DAVID STOUT (http://www.nytimes.com/gst/emailus.html)
HEATHER TIMMONS
ROBIN TONER
MICHAEL WINERIP parenting@nytimes.com
JEFF ZELENY
more...
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dhesha
09-10 02:46 PM
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Should we not demand resignation of USCIS Director?
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Should we not demand resignation of USCIS Director?
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vjkypally
07-18 05:44 PM
Funds are really needed but another important thing is to leverage the momentum obtained due to CIR and more recently July Visa fiasco.
I think iV should aggressively focus on recapture of visas, 1 visa per family(Hillary Clinton already supports us on this and we can rope in Zoe loe****
who supported us now) and also removing country based limit.
Momentum is very important and now is the time to restart and I m sure funds ll flow. Removing country based quota is the easiest one to target first.
Cheers
I think iV should aggressively focus on recapture of visas, 1 visa per family(Hillary Clinton already supports us on this and we can rope in Zoe loe****
who supported us now) and also removing country based limit.
Momentum is very important and now is the time to restart and I m sure funds ll flow. Removing country based quota is the easiest one to target first.
Cheers
hairstyles WWE Diva Trish Stratus
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)
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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
Radhika
07-19 10:33 AM
upgraded $20 to $50 monthly
amitga
07-06 12:37 PM
We just need 20,000 active members to make a change, which is approx 10% of the total number of GC apps pending. At the most 2000 people are active.
If somebody can being in 20,000 active members to this forum, the change will happen.
If somebody can being in 20,000 active members to this forum, the change will happen.
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