Wednesday, June 8, 2011

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  • ameryki
    01-14 04:50 PM
    I have a similar question -- the USCIS site says document mailed on Dec 26th, but I am yet to receive it. I have not heard from the Lawyers either. USCIS mailed the receipt to the lawyers but EAD to our home, what's the deal with AP - home or lawyers?


    AP goes to your lawyer!




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  • AllVNeedGcPc
    03-22 10:05 PM
    ... thanks for sharing.

    My First Post :

    Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.

    Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
    I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.




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  • amitkhare77
    11-09 08:18 AM
    Yes I think so too. specially I am EB3 India Dec 06, who know I will be current next July-Aug-Sept. hopefully this is the last EAD renewal (valid Sept until 2012)
    Thanks for the reply. 8 or 10 months. Its still worth it. You did the right thing. Congrats and good luck!




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  • SEP03NY
    08-12 04:05 PM
    One of my friend got receipt for I-140 and I-1485, He send on July 30th to Nebraska Service center. I have send on the 2nd July still waiting.

    Thanks



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  • jonty_11
    07-06 01:55 PM
    we are indeed a bunch of smart people..I wonder why we cannot achieve more..
    please contribute and participat ein Media Drive.




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  • jayleno
    10-20 10:44 AM
    The thread needs to float on top



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  • DesiGuy
    09-12 05:52 AM
    yes, but u need lots of $$$ and TIME for a successful lawsuit.




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  • polapragada
    09-14 05:45 PM
    Keep aside porting the PD between EB3 to EB2.
    Just try this

    Say, you wanted to buy tickets to a show or travel, there are more than one counter which is issuing tickets. You have to choose some line at random. Obviously like the people Pallavi79 choose a line which is shorter in length. After some time person observed that other line is moving fast so wanted to jump to that line. Thats fine. If you try to jump into middle of the other line based on your time entered into 1st line. If you are demanding the position...Think the situation??

    And after some time if you see EB3 row is runnign fast you will jump back there? Is this a game you think??



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  • lonedesi
    06-18 12:43 PM
    I emailed them not as me but as my employer( point of contact mentioned in the labor petition) and it works they send me a copy of the labor approval to my house along with a copy to my employer and one to my attroney. It really works.


    Is this a PERM application or the labor application at one of the BEC's? Please let us know.




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  • diptam
    01-14 12:35 PM
    Within a week of receiving the RFE, USCIS approved my EB3 I-140. It was going beyond limit - 20 months for a process which typically takes 6-8 months !! The last 8 months was most painful - I was been played like a Ping pong ball between NSC,Ombudsman,Congressman Ed Markey's office,My lawyer, My employer and Senator John Kerry's office.

    But the at the end of it i would say - Senator John kerry's office really helped. Nebraska touched my case after receiving letter from them only. Congressman Ed Markey's office tried to help and said positive things but probably they don't have that much influence to shake the "laziest of the lazy" USCIS staffs.

    My company sent the RFE (dated 12/9/08) reply yesterday 1/7/09 and today they received the package. Within 2 hrs my case status changed to "RFE response received and case resumed"

    Lets see how fast USCIS adjudicates now. Just thought of sharing this milestone of my 20 month old I-140 Journey.



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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,




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  • karanp25
    07-11 11:36 AM
    I can understand the excitement. I am also in EB2 2005 PD. But the fact is that, this seems like a temporary movement only...i don't think dates can stay at 2006, going by simple math.

    PPl can give me those red marks, but i think dates will retrogress again by Oct.



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  • vdlrao
    06-10 12:32 PM
    As EB1 is Cureent, presume processing applications up date, EB3 is Unavailable, means no work to do for USCIS people as far as EB3 Adjudicate cases, leave EB4, EB5 categories aside which dont have many applications to process. Then the only category left for working with is EB2 and that also having ROW being current, the adjuticate applications left for processing with available visa numbers are EB2 India for time being. So this means for the next few months including this June 2008 there might be many approvals in EB2 India category, as because theres no considerable work in EB category for USCIS people except EB2 India Adjudication. So presumably all the available visa numbers will be processed effectively in the EB2 category for the fical year.




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  • gemini23
    08-02 03:44 PM
    awesome kondo. This gives me good and warm feeling. that they are working hard.



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  • unseenguy
    02-13 10:06 PM
    This is the message I have got from this guy....

    I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.

    Just another junk in IV

    Why are you not posting other messages from me, kiddo. MS + 1 yr. LOL. What an experienced and talented guy :)




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  • nivasch
    03-02 03:20 PM
    I found this Information:
    http://seattlepi.nwsource.com/local/6600ap_wst_governors_immigration.html



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  • willwin
    04-01 08:55 AM
    Oh yeah...I've read that report. Dude just walk out if u dont like the process. Nobody is stopping u. Do u think things are faster in the country u came from? But when u come to another country u want things to happen like that. Yes 7 years is slow. But if millions keep coming into this country what can the USCIS do? Its clearly an overflow which they cant handle. Before u give a red think twice. Read clearly what one is trying to say. I agree with IV's fight for speedening of the process. But to blame the USCIS and to ask for a change in management is too much. We have NO RIGHTS WHATSOEVER to ask for that.

    Somebody said that you don't deserve a second but I dont mind spending few just to make few things straight here.

    1. We (the EB applicants) did not cross the border overnight. We were interviewed, shortlisted, H1B applicaion processed, approved and at the port of entry, we were welcomed by the officials. We did not sneak through.
    2. Just because corruption prevails in India, it does not mean people can be treated badly here. Corruption in India is none of US business. We are here on business. US want our skills and we need the dollars. Period.
    3. Beyond that, employers here (it could India or China based - but are established organizations here) see a requirement for our skills in future and US government is verifying that through LC and I140 and offering us GC. Now the fact that US immigration is broken is evident enough that this country is not error free. Every country has its own problems.
    4. Let's talk about corruption. Where on earth is there no corruption? Whereever human beings are, there is corruption. 100%. It's here in the USA, its there in Japan, its there in Gulf. Everywhere. I am not saying corruption is good but is inevitable.

    If you say, US thinks that because these guys are from India where corruption is to the core, and these guys have half the facilities (back home) that this country provide and hence deserve a broken immigration system that screws up their life, then my friend, this country is no better than any other country on this earth for being so mean. And, for that reason, if you ask me to get out of this country, I would like to say, humbly, that is none of your problem. If yes, ask every US organization that is trying to exploit the business potential in India to get out from India. When the last US business leaves India, I will leave this country.




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  • bp333
    03-04 12:30 PM
    My application is filed with Texas Service Centre.

    Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.

    I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.




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  • diptam
    07-06 10:37 AM
    Hello DDL/DML,

    Please dont say anything against anyone without understanding the point.
    Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??

    My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.

    For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...

    Your/my opinion never stalled CIR - its american citizens who stalled it.

    Unless citizens see a good reason to overhaul USCIS process where the push would come from ??

    If these are the ONLY arguments we can use to get media attention then let's not use them at all. This WILL hurt us more then it can help ! I have a question: Are you one of those anti-immigrant people because you sure behave like one !

    If they revert the decisions for 20000 greencards and put the visas back in the pool, how would that help us ALL ???




    ChalapathiChitturi
    12-27 03:22 PM
    Thank you "softcrowd", good to know that we can re-enter using H1B when we are in AOS.

    Today I received the update on uscis web site, saying that "Approval notice sent".

    1. Applied on August 01 st (Vermont Service Center)
    2. Receipt date Oct 2nd.
    3. REF on Nov-26 for passport copies.
    4. Responded to Ref on Nov-28, Sent passport copies on
    5. Update in uscis web-site on 27-Dec-07 "approval notice sent"

    Just in time for my travel.......




    indio0617
    03-16 10:11 AM
    I just called the number. No answer. Will try again...



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