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  • nursekm
    10-03 10:28 PM
    USCIS UPDATE - THIS IS SCARY

    SEEMS LIKE 40,000 SCHEDULE A PETITIONS FILED DURING JULY/AUGUST.
    ( SCHEDULE A ARE THE ONLY PEOPLE WHO CAN FILE CONCURRENTLY.)THIS MEANS THAT EVEN IF THERE IS RECAPTURE, NEW FILERS WILL TAKE FOREVER TO GET THEIR GREEN CARDS. IF THE RECAPTURE IS A SMALL NUMBER LIKE 50,000, ITS GONNA BE HARD TO GET GREEN CARD BEFORE HITTING ANOTHER RETRO... DAMN WE ARE DOOMED !

    http://www.lewslaw.com/US_Immigratio....htm#10022007a

    USCIS Updates [Top]

    At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.

    Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.

    Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.

    USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.

    A Biometrics notice will be issued even if a visa number is not available at the time.




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  • plreddy
    07-14 02:43 PM
    Bank Of America Bill Pay Confirmation Number: 7YB5R-TV1TL for $ 5.00.




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  • Milind123
    09-16 02:49 AM
    Dear friends,
    I made my first $100.00 contribution and would like to sign up for more. Google Order #834309558256739 .

    I thank all the efforts of the members of immigrationvoice.org.

    --From SF Bay Area

    Thank you very much permfiling. Your contribution is very much appreciated. It is certainly going to make IV stronger and in a better position to help fight for causes which affect each one of us.




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  • arnab221
    06-21 01:54 PM
    I am just hoping we do not mis the July Bus :cool:

    Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..



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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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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • ssnd03
    04-02 12:57 PM
    For the green card, I'll bet you I'll get it next month.

    Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.

    However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.

    I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.

    D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.

    Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.

    D.E.D. just go back to the cave where you came from.




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  • 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



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  • sledge_hammer
    04-17 02:20 PM
    H4+ I-485 pending still is a valid status. Now what rules they have regarding approving the loan to someone who is not working (because of H4 status) is something I am unaware of and not immigration related, I guess.

    But if you are going to send them a copy of your I-485 application, that should mean SOMETHING in their eyes.

    Do let us know how it goes. It will also be helpful to others in your situation. Good luck!

    Thank you Mr. Hammer.

    My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.




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  • yoda
    09-13 04:59 PM
    Sent it to the Indian Embassy. They have a monthly newsletter. Hope to see this in the Oct. newsletter.



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  • villamonte6100
    04-02 01:38 PM
    No wonder you do not like people complaining about things not moving fast enough. Dude, you got to eat something to know how it tastes.

    If you are getting a GC sooner just because you are an Australian, you have no moral authority to preach people who are affected. This thread is not for you, you are welcome to visit other threads though.

    You are entitled to your opinion.




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  • jasmin45
    08-02 03:49 PM
    Ooops, i missed this in my original post. This is true for Nebraska service centre.
    I am not sure about the other service centre. Sorry dudes.
    This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.



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  • Libra
    09-11 11:37 AM
    thank you ramprabhum.




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  • JunRN
    10-01 03:16 PM
    Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
    I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
    and btw thanks for tons of usefull info!

    There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.

    For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.

    PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.

    So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.

    You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.



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  • mrdelhiite
    06-23 08:33 AM
    i saw 2 approvals ( on 06/22) in for people who applied in feb starting ... just a fyi
    -M




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  • zeta7
    03-25 07:10 PM
    Guys,

    I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.

    sree

    I believe that means the AP is on it's way. And you had a superfast turnaround time! I applied for AP on November 6'th, and my status changed to "Document Mailed to applicant" on March 17'th. Nebraska certainly seems to have a sort of LIFO policy rather than FIFO.

    I still haven't received my documents either. I will wait a few more days before bugging my lawyer.



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  • diptam
    08-13 05:19 PM
    Everytime i Open IV this Non-value added thread rolls up in the Top.

    Why dont you close this - Unnecessary arguments are wasting everyone's Time !!


    please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...




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  • Michael chertoff
    09-01 09:12 PM
    Landed August 98 as a Student.
    12 years on- waiting




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  • scottsmith
    09-15 01:08 PM
    GCTest, there is a saying about you in Hindi "Kuttee Kee Dumm 12 Saall Pipe Mee Daal Kee Rakhoo Too Bhee Seedhee Nahee Hootee"
    saale bhikari... can you even spell "moron"




    amitjoey
    07-18 04:43 PM
    Is this discussed already , I am not aware , because I am just following this site since a week.

    Welcome to IV




    freakin_gc
    12-29 03:05 PM
    will someone will please explain my RFE in lay man words
    Thanks


    The labor certification submitted in support of your petition indicates that the minimum education requirement is "bachelor's degree in computer science, compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent".It is noted that the beneficiary received a 3 year bachelor's degree in Mathementics.

    However, the term "euivalent" is not defined. Please provide documentary evidence to establish the definition of "equivalent" as it was defined in your labor certification process. Such evidence may include , but is not limited to, a statement from the dol explaining the interpretation of the term as certified, copies of the petioner's recruitment documentation and/or evidence that no U.S. applicant's for the position who posses the same or similar qualification as the beneficiary wer disqualified from selection



    Thanks



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