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  • kartik2912
    07-23 03:01 PM
    Hi,

    My labor certification was filed in Dec. '06. Since its date of filing, the online case status was showing as "in process". However, on 07/20/07, last week, the status changed to "case denied".

    1) What are the next steps?

    2) Do I need to refile the labor certification. If yes, how soon can it be done?

    3) Can it be filed for the same position or it needs to be filed for a different position?

    4) Should I find a new employer to file for labor certification as my current employer could not get my labor certification approved or I should stick with this employer itself and file for a new labor certification?


    Please help me out.

    Thanks





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  • anurakt
    01-17 04:05 PM
    I signed up for monthly contribution rather late, sorry about that. Was just busy the last few days. I agree with GotGC. I did the same thing last couple of months, persuaded my friends like crazy and sat at their homes and got them registered and also got them to contribute. Looks like now I have to go to their homes again and get them to sign up for Monthly contribution. People just dont get it.

    welcome back !! I was wondering where are you , all my campaign management buddies. :) :)





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  • WaitingBoy
    05-27 04:25 PM
    Hi Usirit
    How do you know that your case has been moved to Atlanta and is not in Chicago?
    Did you get a letter or something.
    Thanks





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  • amitjoey
    07-11 07:39 PM
    Why is this thread acting up? not going to the top?



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  • gcisadawg
    01-22 07:00 PM
    dude,

    I believe you have poured your heart out there! Wonderful job! I believe most of the sane members here totally respect your decision to buy a home without GC.

    Having said that, although your description of half-a-day's work gave me goosebumps, I'm not too carried away. If it happens, it happens! I'd go back to my home country with the fond memory of 10 years of life here! As you said, we wont go back empty handed. Came to US with just $200 in the pocket!

    Relax and enjoy your home,
    GCisaDawg





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  • amitjoey
    07-12 04:38 PM
    I agree. My experience thus far: I emailed 200 reporters and received no response. I am going to try the letters idea, because I too think what Amitjoey says is right-- letters make an impact.

    Write a letter, run a grammar/spell check, then print, SIGN, and send it to senators who support us. I wrote the following. But please personalize, because that would send the message that this is an issue of importance to you-- the writer.

    ________________
    Name
    Address

    Senator Name, Address

    Date:

    Subject: Thousands of properly filed EB Green Card applications likely to be rejected/ returned

    References/ Enclosures:
    � Interim Visa Bulletin by U S Department of State
    � USCIS announcement to stop accepting Adjustment Of Status applications

    Dear ____:

    I have been living in ___, USA for the last ___ months/ years. By profession, I am a ____, and I work for ___, a company based in ___.

    I am writing to bring to your attention the unprecedented decision made by US Department of State (DOS) on July 2, 2007 with its interim �visa bulletin�. With this bulletin, DOS determined that all the immigrant visa numbers allocated for the current financial year had been expended, and thus there would be no further authorizations of new Green Cards this year. In response, USCIS announced that it would return all Adjustment of Status applications it received, beginning July 2, 2007. Please note that the USCIS had already RECEIVED applications on the morning of July 2, 2007, even before DOS published this interim visa bulletin.

    In my opinion it is an unfortunate decision in that it virtually renders null and void, thousands of properly filed Employment Based Green Card- Adjustment of Status applications.

    An important thing to note here, is that in the Visa Bulletin published by DOS only 18 days ago (June 13, 2007) all Employment Based categories had been made �current� since almost 60000 immigrant visa numbers had been unused till that time.
    This begs the question: how did USCIS manage to approve about 60000 green cards in less than 3 weeks, when it took the previous 8 months to approve the same number of green cards?

    The Visa Bulletin published by DOS in June 2007, had brought good news to thousands of high-skilled temporary workers (doctors, engineers, IT professionals) in the USA, because the floodgates that had been closed for over 2 years had been re-opened.
    This bulletin had implied that we could finally apply for "Adjustment of Status"- the final stage of the 3 step Employment based Green card process. This would solve a number of quality of life issues for people like me, as they would allow our spouses to take up part or full time jobs, they would bring in an element of stability allowing me to plan the purchase of a new home, and it would give me the freedom of relocating to another part of the USA for any unforeseen reason, without worrying about the portability of my existing job.

    Therefore, my family and I worked really hard, and tried to religiously comply with all procedures laid out and submitted our application to reach the USCIS on the morning of July 2, 2007.

    Besides running around to gather the paperwork to help file in time, I had to spend a significant amount of money on:
    1) Urgent medical examinations and vaccinations by USCIS approved surgeon: $700. (Note: These were not covered by my medical insurance.)
    2) New passport photographs; these needed to be less than a month old... so these had to be newly taken photographs
    3) Notarization/ Courier charges: Approximately $100 (Some amount expended in foreign currency)

    All of the money spent, as well as the time and efforts were rendered useless by the new bulletin on July 2, 2007, which I repeat, was published AFTER the window opened for new applications on the morning of July 2, 2007.

    My point is, and I believe anyone with common sense would agree, it is only fair to expect a notice period before a reversal such as this one. Preferably... weeks of notice if not days! I am sure no US Citizen would accept anything less for a notice in such an important matter!

    I would implore you to look into this matter as soon as you can, and request the USCIS to accept Adjustment of Status applications filed through July 2007.

    Thank you.

    Truly,


    Name

    If you have not sent in a letter to your senator, please do it now. I think, this is going to work in our favour. Your senator is bound to take some action, inquiry into this mess.



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  • ujjvalkoul
    01-17 04:51 PM
    Its never too late....we still have time..but we all have to weigh in





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  • satyasaich
    04-09 05:13 PM
    Well that would be an option make H1b portable.
    But then most consulting companies will not hire H1B's because it won't be cost effective.
    Anyway just by checking most of this consulting firms businesses they will be able to uncover all the fraud.
    It's very unethical to make you lie on your resume and then try to market you to an employer with fake experience, also nobody has responded to my comment. Real Companies like PWC, IBM pay you while you're on bench, while this indian consulting companies break the law by not doing that.

    Hmm, being an Ex-IBM Employee and for the record, let me tell you something. As long as one can charge his or her time to a billable project, no one cares. Otherwise, all you get is a grace period of 2 paychecks to prove the worth of employment. I'm telling you this truth with a verifiable employment history of more than 8 years in USA.
    My friend, all that matters is how much revenue one can generate. Just doesn't matter whether you are working for Big5 or small and tiny consulting companies.
    Challenge me if i'm wrong



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  • dpp
    04-09 08:45 PM
    If this kind of restriction is not done what will be best way to resolve H1b issue? If H1b increase is done and similar increase is not done on GC then also problem to all IV members(retrogession will continue). If there is cap then certainly it will be reached every year within April.
    If they restrict consulting then Most of the H1b persons will get permanent job. Because of less number of H1 most of them will get gc within 2 or 3 years. GC holders and US citizens will do consulting. System will adjust iteself within a few months

    Do you mean only full-time H1B are the only people what want to be there in US? It is not correct. H1B program is introduced to fill the labour shortage, it can be either Consulting on a temporary basis or Full-time. H1B is not just for Full-time positions. Do you know who is fulfulling major labour needs? It is consultants. If there are no consultants, there is no way to fulfill the projects on time. So, my friend, do not divide the H1B community into Consultants and Full-time employees. Both are needed. Also, do you know that 70% of H1B are with Consultants who are fulfilling lot of companies needs on a daily basis. So, we can achieve something if we are united, if not nobody is going to get benefitted and all of us have to suffer.

    We are not here to discuss on what is going to happen for future H1Bs applicants and divide legal immigrants into differnt groups, first we need to have some solution on what to do for the people already here and facing retrogression. So, we will stay united to show our problems.





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  • satishku_2000
    06-13 11:44 PM
    It is indeed unfair to the people whose applications are struck in BEC forever. The people who are still stuck in BEC are the very first ones to enter the queue. The BECS are now processing oldest cases now.

    My guess is dates are going to move back by september any way and the probability of one getting GC who files in next month before the dates move back is very low.

    Most of us here have to get ready for 5 or 6 years on EAD any way.



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  • ak27
    02-01 07:31 PM
    Can someone educated enough, please clarify this.. We need to know if it has anything for us...





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  • immi2006
    05-15 09:45 AM
    Even though u may not get a EAD, CP may be faster route..



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  • amitga
    01-17 02:27 PM
    At least 50% i.e. 4000 members should sign up for some monthly contribution.





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  • GCNirvana007
    09-01 08:42 PM
    I am in India right now - Can i take the card production ordered page and get back in?



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  • pappusheth
    08-06 07:26 PM
    I filed for my wife's EAD in the late May (e-file TSC).
    Receipt date is May 29th.
    Soft LUD on June 6th
    FP done on June 21st

    no updates, no changes after that. there is no LUD after FP. It's been 66 days since filed. Does any one know if I can take Infopass appointement before I complete 90 days of pending status and see what's going on? Or do I have to wait until 90 days are complete? any experiences?


    EFiled on 29th May and still waiting. Opened a SR yesterday and lets see what happens.

    The good thing is now we are seeing some approvals, so i think everything is back moving again.

    GO IV GO.

    How to open the SR akhilmahajan? Is it same as the Infopass appointment?

    Also, there is no LUD after FP in my case. Does that mean that TSC has not received FP results yet? The post by kartikiran on the same page shows that FP was done on 5/13 but the LUD was on 7/20 when TSC received FP. I suspect the same has happened in my case. Should I check with the FP office?

    please give your thoughts..





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  • logiclife
    05-16 04:30 PM
    Hi Folks,

    My PD is current but my lawyer is saying that I CANNOT file I-485.
    Reason:

    My labor cert / EB2 was originated in Illinois and then amended for Virginia by G-28.

    Since my labor cert approval, i moved to Califonia - same job, same company.

    Now my lawyer is saying that I need to go back to Virginia so i can apply for I-485.

    Question:

    1. Do i have to go back to the same state/location at I-485 filing stage where my Labor was originally approved?

    2. Doesnot Green Card is for a future job?

    3. Can i file I-485 while I am in California and my labor was approved for VA?

    Please advise - thanks

    I have asked Rajiv Khanna the same question when I moved to new location after GC was filed in Phoenix, AZ.

    I moved to Reno, NV and the opinion of Rajiv Khanna was :

    You can work in Reno and file your 140 and 485 also while working in Reno. If it takes longer than 180 days to process your 485 (which most likely will be the case) then you can invoke your AC21 portability options and continue working in Reno upto the end of 485 processing and even after that.

    If it takes less than 180 days for USCIS to process my 485 file, then the AC21 portability option is not available to me and as soon as 485 is approved, I have to move back to the original location (Phoenix) in my case where my GC was filed.

    Most likely, in my case and in your case, 485 is going to take a lot longer than 180 to process and the AC21 portability option will be available so we would never have to go back to original location to work from there the GC was filed.

    In this case, you should almost wish that your 485 takes longer than 180 days (may be 190 days ideally) so that you dont have to go back.

    Your lawyer seems to be not very experienced and you should get a second opinion.

    Also sent you a PM.



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  • SGP
    03-22 08:18 PM
    I will really appreciate your suggestions friends.
    ---------------------------------
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    Hello Gurus,
    I have a question as follows. I was with an old company and transferred the H1 in the 9th year to the new company. I already had my Labor and I-140 approved with the old company (EB3-I Category).
    After switching to this new company I had to start my PERM all over again as I missed the July 2007 boat and could not file for I-485. My new company is based in L.A.-California. I am already drawing my salary from new company. They only have office in L.A. I work for them from my home office in NJ. Today the company's attorney called & asked me that I needed to have L.A. residential address as it is required to be stated on the application. I have no intentions to move to L.A. in near future. I am in a fix now as to how to go about this. I will appreciate all you gurus and experts advice and also please advise me repercussions if any.
    Please help.

    ___________
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")





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  • StuckInTheMuck
    07-28 10:30 AM
    In my case (see a few posts up), it took 70 days from e-filing date, and 36 days from FP date, to get to the "card production ordered" stage. So I would think your time line is about the same so far.





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  • Ramba
    10-05 05:15 PM
    why would EB2 retrogress to before 2003? It was at 2003 for a long time (8 months?). The only people still with PD of EB2 2002 are the ones just getting out of BEC, there cant be too many of them...

    There may be some EB2 Indians with PD in 2002 and 2003 (with traditional non-RIR LC) got out of BEC recently. If 1,500 Indian non-RIR LCs (with EB2 PD 2003)certified recently from BEC, that is sufficent to move the date back to 2003 for India again. Having said that, it is all prediction. No one knows, except USCIS. My prediction is just based on the magnitude of 485s (800K) filed recently, as is has all kind of composition in huge manitude, apart from so many 485s already pending due to name check.





    Chris Rock
    09-24 02:24 AM
    CIR wont pass in 2009 or 2010. It may pass in 2011. Here is why..

    - No lawmaker tocuh a big immigration bill when unemployment numbers going up
    - Health care bill is a major major change. lawmakers need atleast one election cycle to rethink and pass any other controversial bill like CIR
    - Dems does not have enough votes in the house to pass CIR. think Blue dogs.
    - CIR wont be touched in an election year 2010
    - Obama already satisfied Hispanics with Supreme court judge
    - Health care reform already turned into Immigration reform and you know what happened.

    There are plenty of reasons CIR wont happen.





    arc
    05-14 09:36 AM
    I efiled a month back both ead and AP, so far I still have "we have received response to your RFE message" Did any one get further to the next step after receiving this message?



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  • Ramba
    08-21 05:25 PM
    . The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.


    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.





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  • addsf345
    09-28 12:46 PM
    Taxes are inevitable!
    I personally haven't seen any issues with Call quality. Infact Call quality is excellent.

    I agree about taxes. This is general understanding. However with my teleblend (formerly sunrocket) the taxes were only around $2 at the same address where I stay now. With vonage its $6.32 -- I have no idea why vonage taxes are almost 3 times to teleblend for almost equal price plans at the same address?





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  • singhv_1980
    01-22 11:34 AM
    worst case? yes.. it's mine..

    My H1 revalidation appointment was on the 12-Dec. Visa was approved immediatly but haven't received the passport yet. I receive the same response when I call.. that its under PIMS verification. No ETA of when I can expect it to be done..

    I had a H1 transfer to a new employer and 3 year extension happen at the same time. I am not sure what the problem is and what I can do. I am totally stressed out and really depressed ..

    If someone has done something thats helped their case move along.. please PM me or reply to this post.. Thanks !

    Dont be depressed buddy! I know its an aweful long time but hopefully soon things will turn good for you. You mentioned that it was a renewal case. When was your H1B issued initially?





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  • amaruns
    07-09 06:53 PM
    Sending flowers was a way to register our protest. That I believe is being accomplished. USCIS forwarding them to injured service men is OK with me.



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  • Raju
    01-27 04:19 PM
    Thanks a lot. I am glad we all gathered here. I am confident we will win.

    Please click the following link

    http://www.migrationpolicy.org/ITFIAF/news_012506.php

    Dr. Martin recommends that:
    1.Policies must be flexible enough to respond to changing market conditions;
    2.Visa categories, which have become so complicated they often require professional assistance to navigate, should be simplified;
    3.The government apparatus for managing applications should be better funded and more efficient;
    4.Requirements for workers and employers should be reasonable and consistent with the way the labor market functions (so for jobs that are not temporary, workers should be given an option to transition to permanent status);
    5.Workers should have mobility among jobs and employers; and
    6.Employment of unauthorized migrants must be curtailed.





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  • chanduv23
    10-29 07:26 AM
    Please refer the url, one of the iv member has stated his friends denial case.
    http://immigrationvoice.org/forum/showthread.php?t=21716&page=21

    The authenticity of that case is not clear. Someone claims his friend had issues and we do not have any details.

    I used AC21 few months back and went through the NOID ordeal.

    Our volunteers working on this effort are in the process of identifying authentic AC21 cases that got denials though they did everything to the law and are in process of filing MTR.

    If anyone got a denial and wants to help us in this - please send a PM to IV volunteer pd_recapturing



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  • pappu
    09-10 08:51 AM
    all, the list of co-sponsors is now up to 28 (plus main sponsor - Rep Lofgren).

    the chances are improving but as some great person has said - It aint over until it's over...

    http://www.govtrack.us/congress/bill.xpd?bill=h110-5882

    HR 5882
    Sponsor:
    Rep. Zoe Lofgren [D-CA]hide cosponsors

    Cosponsors [as of 2008-09-09]

    Rep. Neil Abercrombie [D-HI]
    Rep. Michael Capuano [D-MA]
    Rep. John Carter [R-TX]
    Rep. Henry Cuellar [D-TX]
    Rep. Artur Davis [D-AL]
    Rep. Thomas Davis [R-VA]
    Rep. Lloyd Doggett [D-TX]
    Rep. Anna Eshoo [D-CA]
    Rep. Gabrielle Giffords [D-AZ]
    Rep. Wayne Gilchrest [R-MD]
    Rep. Raul Grijalva [D-AZ]
    Rep. Michael Honda [D-CA]
    Rep. Sheila Jackson-Lee [D-TX]
    Rep. Doris Matsui [D-CA]
    Rep. Michael McCaul [R-TX]
    Rep. James Moran [D-VA]
    Rep. Sue Myrick [R-NC]
    Rep. Jerrold Nadler [D-NY]
    Rep. Grace Napolitano [D-CA]
    Rep. Edward Pastor [D-AZ]
    Rep. Lucille Roybal-Allard [D-CA]
    Rep. Linda S�nchez [D-CA]
    Rep. Loretta Sanchez [D-CA]
    Rep. James Sensenbrenner [R-WI]
    Rep. Peter Sessions [R-TX]
    Rep. John Shadegg [R-AZ]
    Rep. Jackie Speier [D-CA]
    Rep. Melvin Watt [D-NC]

    We should all feel proud that many co-sponsors are a result of efforts of IV and its members.When members ask proof of success, this is one of them.





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  • psaxena
    06-18 12:42 PM
    Guys, this discussion is not going anywhere..

    I would request stop replying on this thread and let it archive. If someone has to report the fraud he would have done it long time back.. this thread is just to provoke others and thats it.

    I am not in support of any fraud but also not in support of provoking anyone for no reason.
    There is a well documented process in each organization and in government on how to report the violation. If someone has any issue please follow the guidelines and do the needful.


    Read between the lines and you have just confirmed my translation.

    Have a good day!



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  • gc_dream07
    10-01 02:55 PM
    I think if you have I-551 stamped on your passport then you do not need any other document. i-551 is as good as physical green-card. You can carry the approval notice with you. This is my opinion, do no quote on me.

    Our cases were approved on Sep 21, 2010. Received approval notices on Sep 25, 2010. But did not get the Cards yet. I am planing to travel next week. So I went to local USCIS office and got the I-551 stamp on my passport. Can you guys suggest me what other documents I need to take along with me if I don't receive the cards by the time I leave. Also pls let me how long will it takes to receive the cards.

    Thank you,
    Srini





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  • EB2DEC152005
    08-12 05:24 PM
    I have sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they responded with the following email content.



    Dear Sir/Madam:



    Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS).

    In order to review your case you must complete and sign the Form DHS 7001. The form can be found on our website at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman).

    We are attaching the form for your convenience. You may submit your form via-email as an attachment. In addition, please send a copy of I-140 approval notice. If you have an attorney please complete and sign Form G-28 as well.



    We appreciate your email and look forward to reviewing your case.



    Sincerely,

    Office of the CIS Ombudsman

    so I need to send DHS-7001 form and I-140 approval notice.

    I have one more question too, Should I send G-28 form also.

    Please give me some suggestions on this.

    Thanks in advance



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  • mail2me_Ds
    08-12 12:57 PM
    Is USCIS following any pattern while approving I485 cases when the dates are current?.





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  • ankur6ue
    09-08 09:27 PM
    Thanks for everybody's support and good suggestions. I feel that even if there is no immigration related legislation due to this forum, the enormous amount of knowledge that has been accumulated due to contributions from everybody is a tremendous resource in itself. No more guessing what to answer to a confusing question on I 765 or I 131. Just do a google search and more often than not, a thread from IV will be the top on the list (and it usually contains useful info)! That itself is a great achievment. So thanks everybody and specially to IV core for keeping this effor going on. Hope we will have some meaningful legislative reforms soon. However I feel that it's good to remember that GC is like money- it's value stems from it's scarcity :-)

    PD: Aug 12 2006
    I 485 mail date: Aug 2008 (so they are looking at later filed 485's also, not just july 2007 filers)
    Did SR and infopass, standard responses..Asked lawyer to do TSC streamline process email (she was clueless about it)



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  • mbartosik
    06-15 01:36 PM
    I filed a G28 to allow me to represent my wife. I did not use an attorney. If you are filing for more than one person then I think that a G28 is worth it. It is a trivial form.





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  • 485_se_dukhi
    07-18 08:55 PM
    Here's the link to the transcripts of the "Tonight" show:

    http://transcripts.cnn.com/TRANSCRIPTS/ldt.html

    This can be used as a starting point for fact checking his claims and assertions, without having to sit through his shows..



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  • chanduv23
    06-12 04:41 PM
    My piece of advice -

    I see that a lot of people are not happy about L1 visa holders replacing them or their collegues because the sponsering company is either not following the law or found a loophole.

    It is natural to get angry and frustrated. But I would suggest - not to be insensitive to those people as it is not their fault. Treat them well and good and help them understand what it is and why are you concerned.

    Do a proper assessemt on what exactly the issue is and definitely help ourselves to make sure fraud is not being committed.





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  • rb_248
    10-01 06:02 PM
    EB3 PD never moved beyond 2006 after July 2007. So how come EB3 case are there ?

    Good Point. May be error in the data. Who knows????



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  • mhathi
    01-11 02:04 PM
    Guys the race is on! Anti immigrants are onto our campaign. see this link!

    http://www.alipac.us/ftopict-97988.html

    Are you ready for the showdown? Lets send as many letters as we can!!





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  • ski_dude12
    09-28 12:13 PM
    What part do you want interpreted? It says in plain simple english that it is wating to be assigned to an officer.

    You can take an infopass to find out if your case is pre-adjudicated, prints/name check are clear.

    Hi ,
    My priority date is March 26th 2006 and current for month of September.
    I created a SR on 09/14 and got the following response today.

    "
    Service records indicate that your application is pending and waiting assignment to an officer. You will be notified when a decision has been made or if additional information is needed. If you do not receive a decision or other notice of action from us within 60 days from the date of this letter, please contact customer service to complete another service request
    "

    I would appreciate if someone can interpret the message.

    -kanchiru





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  • gene77
    08-20 01:53 PM
    I'm at Oct 2004 (EB3-I), 35 years for me .... you don't say!

    No seriously guys, 'spatial' brings up a good point; the laws are up for interpretation by the USCIS.





    letstalklc
    08-25 12:29 PM
    I heard some one telling me that there is a max limit of 5000 mts per month which includes local, long distance and international.

    Is it true or just a rumor ?

    As per my phone and chat conversation with Vonage is that it's a rumor, there is no limit at all, you can call as long as you want....





    suriajay12
    03-13 07:41 AM
    Could not find the link..Which page do I need to go on to vote.. I have searched about 500 pages.. Pls. advise..

    RV

    www.change.gov. You will see "Agenda" as one tab. In that you can post it under immigration. There is a button called "Send or submit your ideas".
    The letter to send is in page 10 in this forum.



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  • niklshah
    08-20 12:14 PM
    one question?? does it need high speed cable or DSL can work too???





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  • serg
    07-09 09:24 PM
    All right, looks like we got (or will get) some attention from media. DOS and USCIS got (or will) it too. That's good. They will forward flowers to hospital, and this is good too (hate to waste flowers)! Bad, if they will not strip messages from buckets, veterans do not need them at all, BUT if they decided to take messages off ... just picture that USCIS will stuck on forwarding flowers instead of doing their job. Who will win?
    All right, what next? If BloodDrive will not work, I suggest we have to offer BRAINDRIVE :) Any leaders? :)





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  • chanduv23
    03-24 04:12 PM
    Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.

    After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).

    Interesting policy. A lot of companies do not sponser H1b and GC because of the woes, costs and hastles associated with it, though they would love to hire the right kind of candidate. But this company is ready to pass the right candidate just because they have to provide a letter?





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  • saimrathi
    07-09 06:45 PM
    :d



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  • SanjayP
    05-09 03:04 PM
    you are both quite the racists. :eek: i question the wisdom of such attacks as it makes both sides look desperate. it is best if one side looks content. Let it roll off of the back like water on a duck.





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  • Das73
    05-17 06:32 PM
    doudou
    I 485 question
    ------------------------------------------------------------------------
    I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.
    ------------------------------------------------------------------------

    When her employer applied for H1B means that he notified USCIS & got approved! She will be fine & she will get her GC along with you. No worries.



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  • CADude
    10-02 03:58 PM
    This is post responsible to monitor USCIS actions. :)
    who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?





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  • veera72
    09-14 03:56 PM
    My company applied 100 485's . 85 from NSC and 15 from TSC (140 aproval). All NSC people got receipts, some of got FP's also. But TSC people still waiting for checks to be cleared.


    140 approved by TSC
    LUD on I-140 of 8-5-07
    I-485 filed with NSC on 2nd july:mad:



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  • amitjoey
    07-09 07:00 PM
    I am telling you, this is all great!!. It is working, do not doubt it. It has to be this way for a news story. This makes a great story. Also canceling orders sends wrong messages, we care for the troops fighting for us, Why cancel.





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  • go_getter007
    01-24 11:55 AM
    Milind123, I can certainly understand your frustration but kudos to you for making your post humorous at several points amidst your painful experience. I especially liked your closing remark about Koh-i-Noor - I'm with you. :D

    Come to think of it, even the country where we are right now (i.e., the US) isn't much different not only in terms of lengthy forms and queues (outside of consulates) but also on making our lives a little more than hard by denying driver's licenses, delaying permanent residence perpetually etc. On top of these issues, apparent hate crimes against Indians at LSU and then at Duke would certainly make a lot of parents a little nervous before sending their kids for higher education here.

    GG_007





    I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).

    I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).

    Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).

    It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.

    I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.

    I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.



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  • franklin
    01-10 01:26 AM
    I do not want to spoil the fun and do truely appreciate the efforts by the IV team. But after sitting in the GC queue for 7 years, all my hopes nearly dead. Campaigns come and go but nothing ever happens.

    I truly appreciate your frustration, but nothing will ever change if you do nothing.

    Something might change if you do something

    Go on, write a letter! It'll take 5 minutes. If you do, I'll write one as well. I'll even visit lawmakers on your behalf :D

    IV is you and me, we are the team.





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  • ab_tak_chappan
    08-22 11:50 AM
    By sending so many flowers over and over again you are only going to piss off people and expedite retrogression :D:D. Live the real life instead of reel.
    lets ignore all the negative comments in this thread and stay focused.

    Lets start with letter campaign and see what happens when new year starts. Does somebody has a letter drafted and ready to send out?

    Thanks.



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  • abuddyz
    02-29 08:21 AM
    here are some updates..

    i received reply to my inquiry email from mumbai consulate. and they wrote following in email

    "Please wait till you get an email from us.

    Mumbainiv/vd"

    I also visited the inquiry window at mumbai consulate personally and here is the coversation I had..

    me: I had my H1b visa interview on feb 11 and I want to know the status of my visa.
    she: what is your name (did something on computer). it is still pending for verification
    me: how long will it take?
    she: it might take another 1 or 2 weeks
    me: i was initially told that it will take only 1 week and it is already more than 2 weeks.
    she: it takes time
    me: what is the procedure to withdraw my visa application
    she: if you withdraw, how will you go there?
    me: i have advance parole document with me
    she: it is advisable to wait for this visa. if you go on advance parole, you might be inquired at port of entry.
    me: i have to find some other option as my client is waiting there.
    she: if you want to withdraw, you can send an email or you can come here personally but it is advisable to wait for this visa (she said it again).
    me: (i again asked) so i can withdraw and then go back using advance parole?
    she: as I said, it is advisable that you wait for visa

    I hope this is useful to everyone..(i have decided to wait for the visa and not use advance parole)





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  • makemygc
    06-29 07:29 PM
    Most of us are at the mercy of our attorney's to file for I-485. The attorney's take their sweet time to prepare the draft and send the application. In this heated moment the attorney's offices should hire more people and get the ball rolling.
    All that we can do as employees is pester our HRs and attorneys.:p

    more than 100% true...My attorney took two weeks to prepare the 3 forms and when he sent out those forms to me for review, I was amazed to see it was full of errors and mistakes. Finally, I'd to prepare the application and send it to him. Application is so simple that anyone can prepare it. I think we should better do it ourselves if given the chance.



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  • singhsa3
    08-06 08:35 PM
    Does not look like many takers but so far 50-50..





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  • jungalee43
    11-14 11:55 AM
    I received standard reply from TSC yesterday. "In absence of A# or SRC number we are unable to locate your file. If you would like to re-submit please quote these numbers......."
    Of course I received my envelope also.



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  • johnmcdonald98
    10-03 03:35 PM
    me and my friend, both are stuck into this right now. Both are having different nationality and we both are in this country from last 10 yrs. So I think it might also depends on your history, as longer stay, your name will pop-out from many places, which will delay the things.





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  • aadimanav
    01-03 12:56 AM
    Part 2 continued....


    USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.

    The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).

    None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).

    The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.

    Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .

    With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.

    Please email the author at gforney@wolfblock.com with questions about this article.





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  • sc3
    08-22 12:49 PM
    Some one gave me this comment saying


    "You continue to undermine IV with your nonsensical posts. I understand you are frustrated, but your comments are counterproductie at best. You also don't seem to understand the law properly. Do some homework."


    Show me where have I undermined IV efforts? And show me nonsensical or counterproductive posts that I have made -- that is, nonsensical or counterproductive to the cause of upholding the law (not pandering to a particular employment category/chargeability area).

    I have done my homework, and I have understood the law properly. I have time and again given logical proof, along with the text of the law, as to why EB3 is eligible get the EB1 numbers at the same time as EB2. On the other hand none of the detractors have provided proof, or material that shows EB3 does not qualify.


    And for all those holier-than-thou EB2, what is about the letter campaign to get NSC/TSC to process application according to PDs (no lawful basis for that), and asking the removal of NSC bosses and what not. You seem to have different standards when you are suffering, and when others are suffering. There is a word in the dictionary for that, look it up.





    purgan
    07-13 03:53 PM
    Loo Doggs is a xenophobe and nativist to the core...


    He doesn't like Illegal immigrants "because they broke the law"

    He says he likes Legal immigration, but then he curses every avenue for legal immigration under curent law.
    1. He calls the diversity visa lottery the "great american giveaway" and has called for its abolition.
    2. He calls family immigration "chain migration"
    3. Finally, he calls employment-based immigrants as "stealing american jobs"

    C'mon dude, its time to give up the pretense that you like immigrants!!





    pranju
    06-15 04:13 PM
    Should only be put in the primary applicants !485. The spouse will have one on their receipt notice. The fingerprint appointment will use this number as an identifier.

    Thank you so much for the reply.