desi485
11-18 10:31 AM
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
I will do this by this weekend. Thank you Chandu for your wonderful suggestion, this way we will be able to share knowledge base from various sources.
Meanwhile, let me mention this. Ron Gotcher clearly mentioned that, one can continue to work on EAD if CIS makes an error and denies 485.
If the denial is illegal - and make no mistake, these types of denials are clearly illegal - then any subsequent employment without authorization falls into the "due to circumstances beyond the applicant's control" and cannot be used against the applicant later. (http://immigration-information.com/forums/showthread.php?t=6461)
This makes sense, as a candidate should not be punished without any mistake of his own.
I will do this by this weekend. Thank you Chandu for your wonderful suggestion, this way we will be able to share knowledge base from various sources.
Meanwhile, let me mention this. Ron Gotcher clearly mentioned that, one can continue to work on EAD if CIS makes an error and denies 485.
If the denial is illegal - and make no mistake, these types of denials are clearly illegal - then any subsequent employment without authorization falls into the "due to circumstances beyond the applicant's control" and cannot be used against the applicant later. (http://immigration-information.com/forums/showthread.php?t=6461)
This makes sense, as a candidate should not be punished without any mistake of his own.
snathan
02-08 02:08 PM
Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
priti8888
07-25 02:30 PM
We applied in Nebraska in August 2003, Cleared in State on August 29th 2003, Transferred to Chicago DOL on Sept 1st 2003..Got Certfied on Oct 16th 2003...So yes..in some states Labor was VERY Quick.
I agree. Ours was transfered to Denver DOL and got certified in 5 months
I agree. Ours was transfered to Denver DOL and got certified in 5 months
diptam
10-08 12:10 AM
The reply that Ombudsman office wrote on Sep 11th came to my hand just today Oct 7th - looks like they have backlog in mailing letters as well.
Anyway - the summary of the letter is similar to he email discussion few days back ( as below ) ... USCIS should get back to me in 45 days i.e end of Oct 08
Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
Anyway - the summary of the letter is similar to he email discussion few days back ( as below ) ... USCIS should get back to me in 45 days i.e end of Oct 08
Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
more...
dhirajs98
12-24 12:59 PM
USCIS has not even posted January processing times till now. This should have been published by Dec 15th.
God only knows what game they are playing.
God only knows what game they are playing.
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.
more...
sirinme
07-21 03:42 PM
I just upgraded my monthly contribution to $50.
amitjoey
05-05 11:46 AM
Thanks EternityInLimbo for going out of your way to help the rest of us that are stuck. Not many people come back and help out with IV action items once they get their greencards.
more...
chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
lonedesi
08-04 04:15 PM
Letter to be sent for an I-140 petition pending at NSC:
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
more...
pranavgandhi
08-14 03:00 PM
Just a thought.
I think USCIS might be busy with approving I485 cases of EB2-India/China. From October it might be on track. For most of cases, approving I140 immediately is not going to help applicant as he has to wait for I485 as per priority date.
I think USCIS might be busy with approving I485 cases of EB2-India/China. From October it might be on track. For most of cases, approving I140 immediately is not going to help applicant as he has to wait for I485 as per priority date.
IV2007
04-02 11:20 AM
Guys,
I read through all of your posts.
One question I am not clear is:
I am on H1-B. I don't intend to change my status.
I start my LLC & work part time in the LLC on EAD. Is this possible ?
I am not sure if H1 gets invalidated by doing this. If so, the only alternative I found is hire others to do it or open a partnership LLC.
Am I correct ?
I read through all of your posts.
One question I am not clear is:
I am on H1-B. I don't intend to change my status.
I start my LLC & work part time in the LLC on EAD. Is this possible ?
I am not sure if H1 gets invalidated by doing this. If so, the only alternative I found is hire others to do it or open a partnership LLC.
Am I correct ?
more...
franklin
07-21 04:39 PM
Thank you for the clarification cpolisetti and others :)
I find it somewhat suspicious that someone who has joined IV this month and posted only on this issue, without any input from the core team who I know work closely with those on the hill, is trying to rally our community efforts.
I find it somewhat suspicious that someone who has joined IV this month and posted only on this issue, without any input from the core team who I know work closely with those on the hill, is trying to rally our community efforts.
mirage
08-03 11:45 PM
Pani,
Thanks for Drafting this letter. I would add Rep. Zoe Logfren(Chairwoman of the immigartion subcommittee in the house & Senator John Cornyn Chairman of the immigartion subcommittee in the Senate) officials usually respond when things are addressed to Lawmakers too..
Guys please send out this letter.
I will appreciate if you could add these 2 in your 'Copy to' section...
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Thanks
Thanks for Drafting this letter. I would add Rep. Zoe Logfren(Chairwoman of the immigartion subcommittee in the house & Senator John Cornyn Chairman of the immigartion subcommittee in the Senate) officials usually respond when things are addressed to Lawmakers too..
Guys please send out this letter.
I will appreciate if you could add these 2 in your 'Copy to' section...
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Thanks
more...
peacock
07-18 06:14 PM
hi
Contributed 100 dollars today and will be contributing more in the future.
We should all contribute to strengthen IV .
IV CORE ROCKS
Contributed 100 dollars today and will be contributing more in the future.
We should all contribute to strengthen IV .
IV CORE ROCKS
sri1309
08-14 10:54 AM
I would name such a fund "Visa recapture fund" or something that clearly identifies our requirement. But again, we will not be very loud if you contribute to such funds as, when compared to many others who contribute, our number is very small.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
more...
user1205
09-10 11:24 AM
Sent 5 minutes ago (google #904443494726037). I'll be calling people to ask for support in the next couple of days and hopefully we'll get closer to the 30k.
Go IV, so sorry I can't make it to DC.
Go IV, so sorry I can't make it to DC.
lonedesi
06-19 03:14 PM
IV Core, please help members like us whose applications are pending at the Atlanta PERM Processing Center. In spite of officials informing that they will reassign their staff to process PERM applications a month back, there seems to be no progress so far. Please help us get out of this mess as our applications have been pending at this center for few months now. We would like to take this opportunity to apply for the next two stages while PD are current. By the way, I had an old case at BEC and got an approval. I just changed my job and reapplied through PERM, and then all of a sudden PD became current. I have been in this mess for 5 years now. It was just an unfortunate timing of my job change that screwed me up.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
ilwaiting
04-25 10:28 AM
I was and is always a believer that PD should be the date a person started working on H1B. In this way fair treatment can be given to immigrants who are here "legally" and paying tens and thousands of dollars in taxes each year. The current immigration reform is broken. I was working in US since 1998 and was on H1B status since then. Due to simple twist of fate I had to move because my old employer was not doing well. I'm sure there are thousands of others like me.
In enacting this law it would actually help USCIS itself help them in adjudicating cases. Moreover USCIS has complete entry exit record of employees and easy to adjudicate who was in or out of status on H1B/or any work visa.
Think about it. When USCIS can allow a person who came in 2004/2005 get ahead me in the EB queue simply by using a substituted labor with an older PD and jumping in front of queue before me which "I think is unfair". I wonder why USCIS can't justify giving PD based on when a person started working on H1B visa(dual intent visa).
Mind boggling and troubling immigration laws :confused:
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
In enacting this law it would actually help USCIS itself help them in adjudicating cases. Moreover USCIS has complete entry exit record of employees and easy to adjudicate who was in or out of status on H1B/or any work visa.
Think about it. When USCIS can allow a person who came in 2004/2005 get ahead me in the EB queue simply by using a substituted labor with an older PD and jumping in front of queue before me which "I think is unfair". I wonder why USCIS can't justify giving PD based on when a person started working on H1B visa(dual intent visa).
Mind boggling and troubling immigration laws :confused:
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
cjain
08-10 04:34 PM
what time was your application received?
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
ArkBird
02-24 01:17 AM
And still people love it !!!
Lost Until Death!
~GCA
Lost Until Death!
~GCA
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