IAMINQ
02-04 07:28 AM
I got my labor approved from Philadelphai Backlog Center around Dec ' 2005. It was filed in March 2004 (RIR). If anyone needs more info mail me.
Thanks,
Thanks,
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JunRN
09-28 09:08 PM
When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.
I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)
More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....
I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)
More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....
go_guy123
09-01 10:44 AM
Landed on H1b in 1998, still stuck in the muck
EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.
EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.
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trd
07-20 10:04 AM
BTW how did Obama vote?????
He did not voted
He did not voted
more...
JazzByTheBay
09-12 12:16 AM
Thank you so much for doing this.... come on folks, step up to the plate - Milind123 has made a great offer!!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
cheers!
jazz
This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
cheers!
jazz
This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
ChalapathiChitturi
12-27 03:27 AM
My case is not yet approved, I Filed on Aug 01 st, Vermont Service Center.
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
more...
komaragiri
08-02 04:26 PM
i am a 2nd july filer, my cheques were cashed today. filed at nebraska
Congrats !! Hopefully we all get some good news before the weekend !
Congrats !! Hopefully we all get some good news before the weekend !
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cooldude0807
07-14 02:58 PM
Contributed $25
more...
jonty_11
07-06 12:58 PM
I see lots of frustration here. July fillers, you will definitely feel good after hearing my story. At least you are not in my situation. Read this: I was eligible to file in June under June visa bulletin. My deshi blood s^#$* employer did not provide me the letter in time. I am in my 7th year of H1B and they refused to provide my I-140 approval copy. I have the receipt# only. Attorney will not give it to me either. Now what should I do. You guys at lest will be able to file may be in future. What about me! Please suggest anyone!! Now I can not go to a new employer also! See, you are in better position than mine.
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
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skgs2000
12-11 05:43 PM
Thanks for your advise on paying to IV. We posted our way of thinking!
more...
cpolisetti
07-21 11:59 AM
I believe this is amendment to reconcillation bill between the house and sentate bill.
Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?
Are we talking about 240,000 greencards to recapture or 2,400,000?
By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.
Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?
Are we talking about 240,000 greencards to recapture or 2,400,000?
By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.
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rashbhat
08-12 10:05 AM
Just thought let me update my case here.
I filed my 485 on July 2nd @ NSC and my checks got cleared yesterday (8/11/07). So as per murthy's coment I tried looking @ back of the checks to get my LIN #'s and I was able to trace it in the USCIS web site and it shows "Application received and the Receipt notice mailed".
So I feel like they are aggressively working on the applications which are filed on July 2nd and hopefully everyone will get their Receipt notice by end of this week.
Hope this will help many people and give a good hopes.
Thanks
I filed my 485 on July 2nd @ NSC and my checks got cleared yesterday (8/11/07). So as per murthy's coment I tried looking @ back of the checks to get my LIN #'s and I was able to trace it in the USCIS web site and it shows "Application received and the Receipt notice mailed".
So I feel like they are aggressively working on the applications which are filed on July 2nd and hopefully everyone will get their Receipt notice by end of this week.
Hope this will help many people and give a good hopes.
Thanks
more...
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gc_kaavaali
07-14 04:55 PM
Please contribute guys...just $5
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nashim
08-11 04:35 PM
Is it Rumors or True?
If it is true then really its very good news and we can see 140 approvals soon.
If it is true then really its very good news and we can see 140 approvals soon.
more...
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ajaykk
01-09 02:48 PM
Guys anyone pls provide me the fax number or tell me where I can find it to expedite the process. Appreciate it.
Thanks
AJ
Thanks
AJ
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ind_game
05-15 06:24 PM
Looks like the effect of congressional office. I have soft LUDs on my I-485 and second MTR on 05/15/2009
more...
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SGP
10-21 02:37 PM
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
Mubarak Ho (Congratulations). Do include something for IV in your celebration spree (if you can):)
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
Mubarak Ho (Congratulations). Do include something for IV in your celebration spree (if you can):)
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jonty_11
07-06 10:30 AM
From Oh law Firm - sorry if repeated - its the same news as this thread...Oh spin on it.
================================================== =====
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge.
================================================== =====
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge.
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indyanguy
08-13 04:59 PM
But why should we lose the PD that we've been hanging on to for so long. For all we know, they might retrogress EB2 next - with USCIS, there's no room to take chances. I'm on my 10th yr here and don't want anything to go wrong at this point.
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
gc_bulgaria
01-05 10:53 PM
Ok, so I saw the video. I am confused by his analogy and I am a scientist. Maybe it is the lack of data analysis and graphics he keeps referring to. He is not a great speaker. I stopped watching it midway.
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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