Sunday, June 26, 2011

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  • Macaca
    09-11 12:11 PM
    Just made contribution of 500$



    No person was ever honored for
    what he received.
    Honor has been the reward for
    what he gave
    Calvin Coolidge




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  • vayumahesh
    01-07 11:37 AM
    Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".

    Opened a Service Request early this week and received a reply with the status as follows.

    Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.

    Online/Phone status is still processing .... I have to just wait and see I guess.




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  • hmehta
    01-02 09:19 PM
    I believe this is a very valuable debate/query and unfortunately there is no certain answer for this, there are numerous reasons either ways.....

    I am sure to go back to my Home country - my reason is bring up of my children.




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  • ssa
    09-10 04:33 PM
    USCIS currently has no accountability at all. Nor do they seem to have any clue about how many cases they have in the queue. Just see EB2-I dates for all the 12 VBs for the 2008 fiscal year: It started at 1 APR 2004 then retrogressed back steadily till it eventually became "U" just to jump back to 1 Aug 2006 for the last 3 months! Now after one whole year of processing and approving some 20-30K green cards for EB2-I it is starting at 1 APR 2003, a full year back from where it began last year!! Meanwhile they have handed out thousands of green cards to PDs in 2006 when the rule clearly states they have to clear older PDs first! Care to explain, USCIS?

    I know people are sending out mails and DHS-7001 forms on their own but these individual scatter-shot attempts will all vanish in a big black abyss of USCIS bureaucracy and fall on deaf years. Only chance to instill some sense in this adhoc process seems to be if IV as a whole organization takes up this matter with Ombudsman and influential congressmen/senators like Zoe lofgren. IV had been very influential in redressing excesses by USCIS in the past - turing back July 2007 fiasco was no mean feat! Can we have some IV action item from core for this?

    I'm afraid unless we do something about it as a group there is absolutely nothing to prevent USCIS from doing the same outrageous thing year after year with little fear of any retribution. We will all be practically at complete USCIS mercy!

    Finally, I'm nothing but happy for those who got their GCs in this last round of "Lotto drawing" - including those with PD much later than mine - but the prospect of being stuck in a black hole called USCIS year after year scares the hell out of me!



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  • willgetgc2005
    01-03 07:21 PM
    truthinspector,

    Please stop bashing India or any country for that matter. Although I
    am waiting for a GC here in America, I always think India is a fabulous
    country. There are merits, de merits in every country. But it is people like you who always look at the negative side (according to you that is ) of India and think US has absolutely no negatives that create the wrong perception about India in peoples minds.

    Your negativity stems from your low self esteem and lack of self confidence.
    Blame your country/system for everything and try to find an escape elsewhere. If you are capable chances are you will succeed any where (Including in India) like many people have.....

    Thanks and I dont need your response.

    _________________________________________



    GC Cons:
    1.You cannot enjoy the company of your parents/relatives.
    2.Your wife cannot work.
    GC Pros:
    1.You and your family will be raised in a pollution free environment.
    2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
    3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
    4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
    5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
    5.Infrastructure?
    6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
    7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).




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  • gctest
    09-14 02:40 PM
    Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.

    Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
    But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.

    Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".

    I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.

    Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.



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  • chanduv23
    05-15 07:39 AM
    There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.


    Bigboy - those were good enough to help us reach Ombudsman's office and the result of those campaigns was that the Ombudsman's office now have a page on their website addressing this issue. Not sure how much it is helping though but as such, if anyone is having case problems, they have to contact the Ombudsman because their office is officially supposed into case problems and am sure - they have their liason at the service centers who may monitor such decisions at an individual case level.

    Not quite sure why these things are continuing to happen.




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  • mpadapa
    09-10 09:21 PM
    HR 5882 has the answer for the FIFO problem.
    USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.

    Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.


    Can some gurus answer this...
    Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?

    OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?

    If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.



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  • for_gc
    08-14 07:02 PM
    Guys good news from my side. Just got most awaited Card production Ordered emails for my wife and my son. ...

    Congratulations Conchshell !!

    You really seem to be a very level headed guy. Hats off to you !




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  • sdrblr
    07-21 04:26 PM
    Looks like IL is the place to get the license. No questions asked and you will get 5 years. I just had my license renewed for 5 years in Aug 2008 by mail even though my H1 expires in Oct 2009.


    Hi Friends, I went to DMV PA (Bridgevile) to renew my drivers license recently. They are not accepting original EAD/ AP, copy of 485 receipt plus employer letter. They are asking for original 485 receipt. Unfortunately my ex-employer did not give the original receipt.

    Did any body renew the PA DL without original 485 receipt?



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  • ameryki
    01-05 06:25 PM
    I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link

    http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf

    My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.

    I hope this reduces some frustration.

    I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped




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  • diptam
    10-08 02:58 PM
    mayitbesoon,
    Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.

    I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it

    Mr. XXXXXXXXXXXXXXX:

    Thank you for your inquiry.

    We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.

    Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.

    If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.

    Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:

    Via Regular Mail:
    Citizenship and Immigration Services Ombudsman Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Via Courier Service:
    Citizenship and Immigration Services Ombudsman Department of Homeland Security
    Attention: Case Problems
    245 Murray Lane
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.

    Thank you for again for your inquiry.

    Sincerely,
    CIS Ombudsman

    Diptam,
    Thanks for the updates.
    My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?



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  • Green.Tech
    06-04 02:11 PM
    Thanks to all who contributed...

    Others...wake up!




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  • diptam
    07-06 10:27 AM
    See we can't work for bypassing "name check" process - we can work for improving the process !

    There is nothing personal - i'm already backlogged !

    Tell us the same thing when your application gets stuck for a decade on name check. Good luck!!!



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  • ambals03
    04-30 09:54 AM
    Senator John Kyl (R-Texas)

    Should say:
    Senator Jon Kyl - (R - AZ)
    (202) 224-4521




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  • lrindy
    09-30 04:41 PM
    Receipting people are not the ones adjudicating the cases. They are different people. So there is no used stopping the receipting.

    If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.

    Hi,
    It's already happened. Go to and look through the posts there. One guys wife has 485 approval, and he hasn't had even an LUD on his application and he is PRIMARY!



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  • sanju_dba
    08-12 01:41 PM
    doin the math...

    200Million / 2k = 125k H1 employees that will fall in 50-50 rule?


    Is that a realistic number? does body shop based consulting companies have that many employees?

    If thats not right , that bill is just waste on their efforts ? huh?




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  • surabhi
    07-18 05:45 PM
    Set up for $50 recurring contribution. Never in my life did I felt so charged up as I did in last few days. Thank you IV for inspiring.

    I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.




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  • ksrk
    09-10 07:37 PM
    28.6% of 7% of 140,000 per quarter is 700 not 2450.

    Hi sachug22,
    The 7% per country limit applies in the first two quarters independent of EB category. Hence the 2450.

    Unless, of course you are again dividing that as 28.6% per category - suspect EB1 takes up 28.6% of the 2450...

    Anyways, like several have pointed out, USCIS is beyond all this logic! :)




    crystal
    09-11 07:30 PM
    dont get confused . i am on ur side :DI am confused by your post.. who's side are you on? :D




    senthil1
    07-05 01:31 PM
    Still some Senators does not understand difference between H1b issue and GC backlog and how can they understand the Administrative issue like this. But Congress women Lofgren will get reply for her letter from DOS and USCIS.

    I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

    We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.



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