Sunday, June 19, 2011

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  • r_mistry
    01-08 11:18 AM
    Hi All,

    I just contacted the USCIS customer service regarding my pending AP application filed at NSC on July 24th, 2007. The customer service rep did not provide any useful information other than the usual "case received and pending".

    However he did open a service request (SR) for me and advised me that IO will get back to me on the status of my AP application within 30 days and why its getting too long to adjudicate my AP application.

    Do any of you have any experience what will happen from now on? Do they really respond within 30 days???

    Below is my filing info

    Filed I-485/EAD/AP - July 24th, 2007 - NSC
    I-140 approved - Dec 2006
    EAD received - Oct, 07
    FP done
    AP - Pending
    LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)




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  • bkarnik
    04-26 10:15 AM
    You stated dual intent immigrants. In letter and spirit.
    That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.

    Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
    It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.

    Learning01:

    The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)

    As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.

    http://www.shusterman.com/di-vsa.html
    http://www.uscis.gov/graphics/howdoi/h1b.htm




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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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  • tikka
    07-18 04:22 PM
    Made my first (small) contribution of $100 today !!
    Google order no. - 952531454379821

    Many thanks to all of IV members !!!


    Thank you so much for your contribution:)



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  • gcseeker2002
    04-04 05:30 PM
    how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.
    no answer ?




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  • nlssubbu
    10-01 04:20 PM
    A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.

    Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.

    Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.

    May be they should have two cut-off days instead of one like this:
    1. One for receiving applications beyond that date.
    2. Another for approval.
    This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.

    I think change has to come from the legislation wing to amend the procedure in USCIS.

    Thanks



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  • rajesh_kamisetty
    07-14 07:42 PM
    Just galon of gas...




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  • Macaca
    06-18 10:51 AM
    Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D3)



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  • Greening
    01-07 03:46 PM
    Try FHA option with BOA. All they need is only proof of last two years employment.
    And good credit score(not bad but at least good). Thats it. They will approve it without any problem.

    I got my home after 1st year of H1B. At that time my perm status approved only.

    Try FHA its very nice program.

    Pros: Loan approval is very simple and you dont need to put any heavy downpayment
    Cons: Once they give you loan you can not sell this within 3/5 years.

    Just sharing my personal experience.

    Cheers,
    AJ




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  • amit_sp
    05-15 05:21 PM
    I would recommend to shop around more. There are some banks who ask quetions such as visa status and other documentation and then there are some which don't. In my case; Citibank quoted for 0.5 additional rate due to my visa status but ING didn't.



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  • Milind123
    09-13 05:56 AM
    Just contributed one time $100 thru' paypal.
    Web Accept Payment Sent (ID # 3BC32596YD273123L)

    Thankyou nomad. Just one more newbee shooter. Remember your one dollar is like contributing 3 dollars.




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  • bindas74
    11-29 09:49 PM
    Hi All,

    This is a nice thread. Found all the answers I was looking for. Still some lingering doubts in my head::)))

    So, has anyone started working on EAD for their/or spouse's LLC?

    Why cant I work on my H1B instead( for my spouse's company )? That would take away some risk. Wouldnt it??

    Do we need to submit any tax docs( for the new company I would be moving to) when we apply for the AC21 or at any later stage??

    Can someone please answer?

    -Thanks in advance



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  • GTGC
    09-13 07:52 PM
    Press Release sent to

    Star TV Asia

    Buffalo News




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  • TeddyKoochu
    12-11 10:58 AM
    I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.

    My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.



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  • jhokimi
    05-23 03:12 PM
    LCA filed in DC on 04/28/2004. 45-day letter received last Friday from Philadelphia BC.




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  • ashutrip
    06-19 03:01 PM
    any news about atl center good bad or ugly :eek: :p



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  • snthampi
    09-02 01:09 PM
    Landed here in November 2000. Started the GC process in 2004. Could've filed on EB2, but didn't care much when the employer insisted on filing under EB3 for whatever stupid reason. My PD is May 2004 (EB3). It wasn't making much difference then. But, now things are different and EB3 is totally screwed up.

    Actually, I am not worried about the GC much, because I am not sure about my future plans. If I make a firm decision to stay, I might reapply in EB2. Life is worth a billion billion times more than the GC. So, let it take its own sweet time. Concentrate on your life and career, and SURELY HAVE A LOT OF FUN BECAUSE LIFE IS SHORT AND YOU LIVE ONLY ONCE.




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  • vinabath
    07-20 03:02 PM
    Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
    If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.

    It''s like leaving at 5PM and spending 3 hours in traffic
    OR
    leaving at 8 and spending 30 minutes

    makes sense?


    It does not make any sense.Very bad analogy.




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  • conundrum
    03-12 03:54 PM
    As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.

    I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.

    I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.

    I know I am out of the rat race, so if you think I am being patronizing, my apologies.




    makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    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 your attention to the issues caused by USCIS not following 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 candidates 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-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of 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, 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 followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further 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




    HawaldarNaik
    03-04 03:45 PM
    for all ya mumbai brothers out there:

    "ron gotcha-rkar" ka kya hai .. uppar wala mu diya ... to bolegayich. uske to naam me bhi gotcha .. aur kaamme bhi gotcha

    one more..

    Kya hawaldar saab .. toom bhi wo khajoor gotcharkar ke baaton me aa gaye .... chalo mil ke usko kopche me in leke kharcha pani dete hai.

    [translation: native mumbai rambling about how ron gotcher has no data to back it up and should be censured for his quotes without source]

    Arre Bhai....2 good...bole to...ekdum JHAKAAAS dialogues mara....lekin kya karega....Asha is hope.....abhe bole to market ekdum tight...kharcha paneee kaisa dega...? but 2 good sahebji...



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