brahmam
09-24 11:12 PM
Hey Bharatpremi, taking your numbers and assuming horizontal spill over instead of vertical would make eb2 all over current. total spill over from eb1 = 53807, total eb2 quota = 40040, pending eb2 = 74932
assume eb1 demand = 5000, eb2 demand = 20000
we can easily see eb2 getting completely approved.
assume eb1 demand = 5000, eb2 demand = 20000
we can easily see eb2 getting completely approved.
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chanduv23
11-19 03:30 PM
I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.
Well we cannot expect any better. Our aim is to make sure that we do not get frivolous denials on 485 for ac21 cases and we have to work towards that.
No responses from anyone else.
Well we cannot expect any better. Our aim is to make sure that we do not get frivolous denials on 485 for ac21 cases and we have to work towards that.
syedajmal
08-21 12:44 PM
I just received my 2 year EAD. Priority date is Nov 2002 - EB3 -India. Well I guess that says it all. If USCIS thinks that Nov 2002 will take at least another 2 years then I dunno what about the rest. I didn't wanna think about EB2 porting being so close and spend another 10k, I guess just need to stop worrying about it now. :)
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Bpositive
02-10 01:34 PM
the first contact for the congressman's office is the relevant consulate. so it doesn't hurt. it is a simple process. your boss has to sign a confidentiality release document for you and attach a cover letter. to help your boss, identify the congressman, go to the congressman's website and find out where the forms are, write a draft cover letter etc . you can do this yourself i.e enquire as a constituent just in case you don't want to involve your boss. i think it may be better that it goes through your boss
i do think it helped prevent further delays though...
i do think it helped prevent further delays though...
more...
Big Tom
07-01 10:49 AM
So, even if USCIS now decides to stop processing/approving AOS based on the limited number of available visa - my understaning is that "we" are at least on top of the list and once visa become available again, the AOS will be approved - so, in worst case another three to four months wait? After five years of processing time(s) I can live with that...
Another question that came up was once the AOS was not approved, do you have to file again or does the current dis-approval have any negative effect on the process (except for of course the wait time)?
Tom
Another question that came up was once the AOS was not approved, do you have to file again or does the current dis-approval have any negative effect on the process (except for of course the wait time)?
Tom
inderman
10-20 03:03 PM
Viki,
Same here, i got a similar response too... If they are true to their words abt under review, we shud b fine...
But the problem is, they mite b stating this under review for all cases to avoid repeated requests and hence the issue..
Is ur case also at NSC?
How has ur luck been with the POJ method? Have u always recvd the same informn from all IOs?
I always get a different response wen i talk to an IO at NSC...
Same here, i got a similar response too... If they are true to their words abt under review, we shud b fine...
But the problem is, they mite b stating this under review for all cases to avoid repeated requests and hence the issue..
Is ur case also at NSC?
How has ur luck been with the POJ method? Have u always recvd the same informn from all IOs?
I always get a different response wen i talk to an IO at NSC...
more...
pappu
09-16 08:24 AM
Received 'card production (green card)' approval e-mails for both me and my wife this morning.
IV leaders and IV Texas State Chapter can still count on my voluntary involvement. I love walking through the walkways of the Congress House and the Senate, especially the tram that connects the House and the Senate via the tunnel. ;)
Congrats
IV leaders and IV Texas State Chapter can still count on my voluntary involvement. I love walking through the walkways of the Congress House and the Senate, especially the tram that connects the House and the Senate via the tunnel. ;)
Congrats
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funny
08-07 05:11 PM
since a lot of people are debating on this issue and a lot are researching on it ( i know atleast 2 people are actively researching on this topic :D). Does any one know how can i find the status of my PD porting. My lawyer sent the request in June after 3-4 days a say LUD on my 485/140/EAD/AP. I filed my 485 on July 2nd 2007 with a ND of August 17 2007. My EB3 PD is oct 2003 and my EB2 PD is July 2006. Do you guys think the LUD was because USCIS has Ported/interfiled my PD, Is there a chance for the Green in next 2 months?
I think the people who are trying to file the Lawsuit must be the most knowledegable people about this issue, Can you guys provide some +ve response for a change.:D
I think the people who are trying to file the Lawsuit must be the most knowledegable people about this issue, Can you guys provide some +ve response for a change.:D
more...
kshitijnt
01-29 05:07 PM
I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
All employees are protected by employment discrimination laws. Once H1Bs are hired. They are protected as well.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
All employees are protected by employment discrimination laws. Once H1Bs are hired. They are protected as well.
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WaldenPond
01-02 10:56 AM
This time atleast there will be some democrats to vote for our bill, unless the anti guys find some way of preventing them from participating in it.
--MC
Hello mchundi, Would you like to participate in the joint effort to talk to lawmakers on both sides so that more democrats would vote in favor of the bill.
--MC
Hello mchundi, Would you like to participate in the joint effort to talk to lawmakers on both sides so that more democrats would vote in favor of the bill.
more...
H1B-GC
09-23 04:09 PM
This is probably as close information that we can get from horses mouth(USCIS). Just hope its true.
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ItIsNotFunny
11-10 11:07 AM
I am sorry if I am wrong, but do you think if IV CORE try to hold a meeting with top CIS officials on this issue, wouldn't that be more effective? Many members reported not getting proper response to letters. Who knows whether anyone @CIS has time & willingness to read and act on our letters? Why not take an active approach rather than passive one?
I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!
So far not even 100 participants to the event. This lack of action is killing us. I sincerely thank people who sent mails.
I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!
So far not even 100 participants to the event. This lack of action is killing us. I sincerely thank people who sent mails.
more...
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chandooo
10-01 12:49 PM
If your Notice date is in Sept 2007, we need to wait for our turn. Look for the NOTICE DATE on your 485 application.
what does it means ???
what does it means ???
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royus77
06-21 09:20 PM
In filing for I-485 no one has mentioned copy of I-140 or copy of Labor cert.
My question is how does USCIS tally an AOS application to an already approved I-140 or labor certifcation and find out the PD for the application?
The A# number assigned in the 1 140 is the link
My question is how does USCIS tally an AOS application to an already approved I-140 or labor certifcation and find out the PD for the application?
The A# number assigned in the 1 140 is the link
more...
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thakurrajiv
09-26 11:59 PM
Its not that I think I am smarter or have any additional insight...but I take things at face value. Of course the total number of pending cases in the chart and in the PDF should match - they both are exactly what they say they are "PENDING EMPLOYMENT BASED I-485 cases" If that's what the report title says, that's exactly what it means. No point in over-analyzing if this is just for pre-adjudicated or only primary applications etc....
I say stupid questions because people still ask "Does the PDF report contain numbers for dependents or only for primary applicants" - so you are telling me that this is not clear from the PDF report??
Illinois-alum I don't have anything against you. I just objected to your language.
As far as your clarity on dependent question goes, it may not be clear to someone very new to the process. So their question might be valid. Nothing wrong in this.
And on over-analysis, I don't think that's the case. We still don't have clear answer on discrepancy.
I say stupid questions because people still ask "Does the PDF report contain numbers for dependents or only for primary applicants" - so you are telling me that this is not clear from the PDF report??
Illinois-alum I don't have anything against you. I just objected to your language.
As far as your clarity on dependent question goes, it may not be clear to someone very new to the process. So their question might be valid. Nothing wrong in this.
And on over-analysis, I don't think that's the case. We still don't have clear answer on discrepancy.
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vikki76
10-05 02:56 PM
Hi vikki76, bpositive, dipika, caliguy, leoindiano:
If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)
If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)
more...
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aps
10-29 01:00 AM
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.
Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.
Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
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seekerofpeace
10-01 03:29 PM
Wow Naushit,
Enjoy greenhood..........no luck yet for my wife...But she got a call from USCIS office of Wash DC that it is the biometrics that is holding her approval...they are issuing a biometrics appointment....I told so far she had been issued Biometrics appointment thrice and we have not received anything.
Also if I got approved without biom availability how come she is not....she is giving crap that our job is approving the primary applicant....I told her that none of my friends have got approval just for the principal they all got approved together.
I told her Biom does not hold approval ...she was adamant we can't approve her w/o that.
SoP
Enjoy greenhood..........no luck yet for my wife...But she got a call from USCIS office of Wash DC that it is the biometrics that is holding her approval...they are issuing a biometrics appointment....I told so far she had been issued Biometrics appointment thrice and we have not received anything.
Also if I got approved without biom availability how come she is not....she is giving crap that our job is approving the primary applicant....I told her that none of my friends have got approval just for the principal they all got approved together.
I told her Biom does not hold approval ...she was adamant we can't approve her w/o that.
SoP
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dhirajs98
06-21 09:00 AM
Pappu/or anyone else,
Can you please answer questions I have mentioned below?
I have two labors
PERM EB2
Labor: Certified
PD: Dec 06
I-140: Filed in Premium Processing on May last week
RFE Received: June 1st
RFE Response Sent: June 6th
Status: No updates from USCIS
I-485: I can file based on the pending I-140
========
RIR EB3
PD: Jan 2004
Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.
==========
Question:
1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?
2. Does PD matters once I-485 is filed?
3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?
Can you please answer questions I have mentioned below?
I have two labors
PERM EB2
Labor: Certified
PD: Dec 06
I-140: Filed in Premium Processing on May last week
RFE Received: June 1st
RFE Response Sent: June 6th
Status: No updates from USCIS
I-485: I can file based on the pending I-140
========
RIR EB3
PD: Jan 2004
Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.
==========
Question:
1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?
2. Does PD matters once I-485 is filed?
3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?
PD_Dec2002
06-29 04:30 PM
So, what made you import yourself here? You could have stayed back in your own country..by the way, coming on a H4 was a choice..it wasn't forced upon you...didn't you know before coming here that you would have to stay home on a H4? H4->F1, H4->H1...all these options are always open to you..
Can we just stay away from these personal remarks?
Thanks,
Jayant
Can we just stay away from these personal remarks?
Thanks,
Jayant
walking_dude
01-11 02:55 PM
Right. We are already here and working . How will we displace any American worker if we get the Green Card?
ALIPAC should be renamed to Alibagh !
How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D
This is beyond ridiculous!!
Guys we need to send in our letters!!
ALIPAC should be renamed to Alibagh !
How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D
This is beyond ridiculous!!
Guys we need to send in our letters!!
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