Thursday, June 30, 2011

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  • rahil
    09-24 09:10 PM
    I thought the spillover was only in september annually..





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  • samrat_bhargava_vihari
    06-29 05:38 PM
    I am joining Law Suit. I am leaving this country, if they make it 'U' for Eb2 and Eb3 for India.
    i don't see a point here. they no need to approve the cases if no visa numbers but what wrong to accept. thoguh I am effecting by this my feeling is that this is just a rumor.





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  • it is ok
    08-21 07:50 PM
    Dear All:

    Do we need to dial 011-91-and then Phone Number, or we can simply Dial the number..

    Thanks,





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  • dreamworld
    09-24 09:52 AM
    In essence what the memo seems to state is that I can have another employer file an I-140 petition, and if approved, simply substitute the I-140 in my existing I-485.

    Is that right?

    jazz

    Not to my understanding.

    I believe you can do interafiling if you have two approved i140 from the same employer and you have a pending 485 and the later 140's PD is current.



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  • anilsal
    06-21 02:05 PM
    Got "No" from lawyers from both sides.





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  • ysnraju
    06-20 11:51 PM
    Yes!! You can work now it self. It is legal under some circumstances please see Murthy website with AC21 FAQ :http://www.murthy.com/news/UDac21qa.html

    Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

    Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.



    Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

    Yes, under the same circumstances as Question 2.



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  • buddyinsd
    08-18 12:03 PM
    I think both of our cases are with the same IO. I got the same response to the SR I had raised on Aug 2 via snail mail(wait for 60-90 days). Did u get an email or snail mail?

    Same here

    SR: on Aug 02 ...Got a Reply wait for 60 Days case under review
    Info pass on Aug 05 : Got Reply case with officer wait 30 Days

    Just waiting ..GOD ....Give me Green :rolleyes:





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  • arkrish68
    09-10 07:34 PM
    Send email to: cisombudsman.publicaffairs@dhs.gov
    You will have to fill this form and attach to the email:
    http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf



    Thank you very much for your update. Went to the Infopass today and as per the IO came to know that my case is in adjudication review and will get the interview. I don't know how much ombudsman will be helpful, but will try all options. My labour was approved in 2 months and I-140 in 18 days but it seems I485 is sturck for ever :mad:



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  • eb_retrogession
    02-18 08:36 PM
    US Immigration Policy On The Table At The WTO
    By Sarah Anderson
    Immigration Daily, February 15, 2006
    http://www.ilw.com/articles/2006,0215-anderson.shtm





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  • yabadaba
    01-08 09:16 AM
    For those wanting to personalize it a little bit.


    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20510

    Dear Mr. President:

    I write today to urge you to fix America’s broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged. If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America’s competitiveness, eliminate bureaucratic inefficiencies, and improve our quality of life.

    <insert personal blurb here>

    Attracting and retaining the best and brightest minds from around the world is in America’s best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated:

    “The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals.”

    You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken.

    Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department’s mission.

    The greatest impact of the broken green card process is borne by the legal immigrants and their families. The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs – even within the same employer – without starting the arduous immigration process over again, and subject to waits that grow longer and longer.

    We implore you to exercise your authority to implement administratively these much-needed reforms.

    • Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    • Revise the administrative definition of “same or similar” to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    • Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    • Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    • Allow visa revalidation in the United States.

    • Reinstate premium processing of Immigrant Petitions.

    I urge you to implement these administrative remedies without delay. Action is urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.

    Thank you for your attention to this matter.

    Respectfully,



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  • gbof
    08-18 11:34 AM
    Awesome.

    Ya, journey ended well.

    .... If there is any sequence after Approvals, expect it this way: CPO/approval ADIT/Welcome mail (mail), Post decision/ Last processing Action= this is the date they mail cards and check/hope to find cards in mail box in 3-4days (DON'T discard as they look so very ordinary envelope....)





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  • jonty_11
    06-22 02:44 PM
    My lawyer said u cannot have 2 485 petitions with USCIS.
    My Lawyer's response - You should be aware that you cannot file two I-485 applications. If you file individually, there is no option to file as a dependent UNLESS the pending I-485 is withdrawn.



    Awaiting reponse from my wifes lawyer.



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  • desi3933
    08-07 01:31 PM
    Yes, I agree that not filing GC earlier is not an excuse for MBA. The point is he still would have been in the same situation (EB3, 2003 is not too different from EB2, 2005) in terms of how fast he will get his GC..

    It is really better. He can recapture his old eb3 PD after getting approval for eb2 based I-140 for the manager job.

    Law provides equal opportunity to everyone for PD recapture. This is my point.

    And, for those who are going to argue that no one is going to file GC for him in 2003, this is not a valid legal arguement. Granted, it may be a emotional one.

    On a related note, how many people REALLY agree that GC is for the future job? But they never dispute that in court of law because it does not hurt their case. Anything that hurts their GC cause makes them victim and root cause for gaming the system.

    Have a good day!





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  • CADude
    09-26 12:12 PM
    Good Luck. We will make difference for remaining July 2nd filer.
    Attorney via AILA can make a difference, if he/she wish so. I can't even contact my own attorney. crap company policy.

    OK,

    July 2nd filer and hear nothing.

    Faxed congressman’s office yesterday (Tuesday) morning. The immigration staff called back right for more information. She said she would make an inquiry through her channel.

    She called me just now (Wednesday morning): my application is lost – meaning USCIS can’t locate me in their system. This is not new. She probably just called the USCIS customer service line but they can’t say crap like call back after 90 to 120 days. The staff was told that USCIS asked to give them a week to do some inquiry into their system and she will call me back next Wednesday.

    On Monday, my attorney has sent an inquiry to the local Senator’s office on the 4 pending cases he has filed. Not heard anything back yet.

    Given all the crap I have heard from USCIS customer service, I have NOT made a single call. That would have not made any difference on the fact I am not on the system anyway.

    Will post back if there is development.



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  • Lisap
    10-03 04:11 PM
    i dont think the country makes a big difference, i have two friends stuck in name check (one was born in canada with an english first and last name). i think its the combination of the name, DOB and a crappy system



    Thank you for your response. I filed on July 2nd. Spoke to uscis imm officer this week and they said my criminal check cleared but my name check was still pending.... Just a waiting game I guess





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  • bindas74
    06-16 01:02 PM
    No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.

    If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.

    If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.

    Hi Logiclife,

    Can you please provide me insight on my question?

    My company filed for my I485. i didnt file the EAD / AP at that time. I have a valid H1B stamped for multiple entry till 2010.
    So, as per your post, I can apply just for EAD, right? That is if I want to switch jobs after 180 days using AC21 and if I start using my EAD, can I go out and come back with my valid H1B stamping? Or do I need to have the AP since I have started using my EAD??
    Similarly, can my wife use her H4B even after she starts using the EAD instead of AP when she travels??

    Any help is greatly appreciated.
    -Thanks



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  • asanghi
    05-15 01:03 PM
    I plan to talk to my lawyer today. My past experience is that lawyers don't give all the options themselves. You have to know what options you have and then they will give advice on that.

    So if anybody has gone through similar situation, please give your inputs. I am sure many other people can benefit from this information.





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  • arunkotte
    06-28 11:58 PM
    Which address are you guys using? Coz FedEx won`t ship to PO box. I am confused??





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  • neelu
    10-12 12:07 AM
    Thank you, Kewlchap.


    @ Neelu:

    a. Contact your senator and your congressman/woman. I contacted both. Senator's office had a very nice system of faxing in your request, just for USCIS issues, so I did that, and got a letter in three days stating that Senator has contacted USCIS for me. Later, I got another letter which included USCIS response. If there is a number for your Senator's office, I suggest pick up the phone and get talking to them.

    b. I will get started immediately instead of waiting. You do not know if your IO is working on other EB-2 India applications. He could be working on a chunk of EB-4 applications and not even picking up your application from the holding area, where it can lie for many days.

    c. I feel that you should submit 7001 unless you believe you know where your application is. Meaning, if multiple IOs / infopass tell you the same info, then it is probably true and you can wait. If you get nebulous answers like "wait 60 days", then submit 7001. I dont think there is any reason / advantage of an attorney submitting it. I filled it out and FedEx'ed it overnight to Washington DC.

    Someone else asked me for the POJ method for TSC. I just followed the POJ instructions listed on this forum.

    Hope this helps, and good luck!





    admin
    01-04 05:11 PM
    I have filed my green card with her. But in all our discussions she has sided with my company's interest over mine. In fact in one of our FYI meetings, she said that getting the green card faster would not be good for companies as people would quit after that. So I am not sure whether she will take up the cause but we can try.





    CADude
    09-27 01:59 PM
    Today I have frank and candid talk with senator office staff. This time I put FIFO question in forefornt (becoz I know what she will hear from USCIS). She promised to raise the issue with USCIS senior staff. She requested to give my concern in writing again. Let's see if she makes any difference.

    Two issues raised with her in writing:

    1. My I-485 Adjustment Application was delivered and physically received to INS Express, Nebraska Service Center, Lincoln, NE on July 2nd 2007 @ 11:11 AM via USPS Express Mail (Tracking No. EXXXXXXXUS). It’s approx 90 days. I didn’t even receive the Receipt Notice from NSC. Please help me track the fate of my application.

    2. USCIS follows standard practice of First In First Out (FIFO) process. USCIS website reports issuing Receipt Notice for I-485 application received on August 2007. Why August received application are getting Receipt Notice and subsequent benefits (EAD, AP, etc) at the expense of July 2nd filed application? NSC have to work first on receipting and subsequent process of July 2nd application before NSC start working on July 3rd to August 17th Application. It’s unfair to applicant like me. I want honorable senator ask USCIS Management basic question, Why FIFO process is not followed?

    Either I will get a RN or my application will be back to me soon. :)



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