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  • admin
    02-20 02:41 PM
    Can someone explain why it seems harder to find backers in the house than in the senate for immigration reform (even the employment based legal immigration)? If we understand this, maybe it will help us focus our lobbying efforts better. Just a thought.

    arihant,

    The constituency of a Senator is the entire state while that of a House Rep is usually much, much smaller. So the Senator needs to make sure that all his actions are more 'Inclusive' and do not offend a lot of people.

    But since the House Rep has much fewer and probably much more homogeneous set of people, the needs of his/her constituents are not that diverse and hence they can afford to take a hardline stance in many cases.





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  • mrsr
    06-27 10:26 PM
    What is the correct adress to send the I485 at nebraka center via fedex

    and how to assemble the i 485 and 765 packet





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  • arunmohan
    01-06 01:51 AM
    I agree with Saralayar and dontcareanymore has point. I think we should ask the conditional green card first for people who are in this country last 10 years and/or are waiting for GC more than 5 years. I don't see any issue for giving conditional green card. At least we will not have to worry for AC21, we could freely change the job, and we could buy a house. USCIS can give permanent green card once the visa number is available. I agree with dontcareanymore that the clock for citizenship should start from the date of approval of I-140. Once we have conditional green card, we could be out from this uncertainty. I don't know how we could proceed for conditional green card. But we need come together and if it is required we could talk to attorney too.





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  • sathesh
    04-01 12:20 AM
    Guys,

    Not sure whether below information is any helpful.

    My Priority date is : July 2007
    I-140 approval date : March 2009
    Processing : Consular

    Today i received a mail from NVC to pay immigration processing fee of $794.

    Does any ones what is this for ? does it help to know the demand ?


    Regards



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  • pappu
    01-05 10:21 AM
    Why are we not on Facebook? Or are we there??

    Not sure how it can help us?





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  • EkAurAaya
    07-13 09:54 PM
    We can get all his transcripts here

    http://transcripts.cnn.com/TRANSCRIPTS/ldt.html

    Just do a search of h1 and you will know when has he discussed h1b

    I just picked the first one and i'm freaking mad already, comments in red below
    http://transcripts.cnn.com/TRANSCRIPTS/0706/25/ldt.01.html

    ------------------------------------------
    (COMMERCIAL BREAK) DOBBS: The Senate's grand compromise could dramatically increase the number of H1-B visas from 65,000 to 180,000. It would also expand the number of exemptions to those limits. It's a bill that favors, by a wide margin, corporate America and further -- further disadvantages American workers.

    Bill Tucker has our report.

    (BEGIN VIDEOTAPE)

    BILL TUCKER, CNN CORRESPONDENT (voice-over): All H1-B visa workers do not look like this. Some even look like this. Most do work at technology companies, based on the latest data available from the government, data which is incomplete but revealing, nonetheless.

    Five of the top six employers of H1-B visa workers in 2006 were Indian companies. They were issued 18,453 visas. In total, almost 20,000 visas issued in 2006 went to Indian outsourcing companies, and the data shows it was not American workers who benefited but foreign workers.

    JOHN MIANO, ATTORNEY: According to the Bureau of Labor Statistics, between 2000 and 2005, the United States' employment for computer workers grew by about 332,000.

    During the same time period, the United States imported about 330,000 H1-B workers for computer occupations.

    TUCKER: The situation for engineers was even worse, with 95,000 H1-B visas issued in the same period for engineering, yet according to the Department of Labor, engineering jobs shrank by almost 124,000 jobs.

    The visa is often referred to as being for the brightest and the best. But, the visa is broken up into four levels of classifications, with levels 1 and 2 being the lowest-skilled positions, and 87 percent of the visas went to those categories. WTF is he talking about 1 and 2? how can bachelors required masters required be lowest skilled positions?


    RON HIRA, ROCHESTER INSTITUTE OF TECHNOLOGY: We really don't know whether those workers are working at level one. We know that they're being paid level one wages.

    And what's interesting, at level one is if you look at the description of it, it's basically for interns, for people who have zero experience. From what I know H1 cannot be granted with Zero experience Am i missing something????


    TUCKER: No one knows how many H1-B workers there are currently in the country or where they are.Each and every one is traceable based on employers address, again fudging the facts



    DOBBS: ... have gone by before providing even the summary information.

    But to just put this in some perspective, what we're really reporting here is that the H1-B visa program, which by the way, we should point out Bill Gates, the world's wealthiest man, who is not exactly without a stake in this issue, sat before Senator Kennedy in a one-man hearing and said he wants unlimited visas.

    The fact is we don't know who has the visas. you know that there are 330k visa issued, this itself means that USCIS knows who has the visas
    We do know that Indian companies who are outsourcing the -- to American companies rather than providing the American jobs are the principle beneficiaries of those, and that most of those jobs are low-skill jobs, are being paid at intern levels.Again fudging the facts, everyone has to be paid prevailing wages


    I guess we should say in the case of category one. How in the world can the United States Congress, with this information in front of all of us, sit there or stand there on the Senate floor with straight faces and talk about this issue without any basis for their positions?

    TUCKER: I guess they're just blinded by the corporate donations, Lou. Money from the high-tech companies is the only answer I can think of.

    DOBBS: The American worker. And where is AFL-CIO? Where in the world are all the labor organizations in this country, who should be standing up and demanding that the American worker not lose his and her rights that have been so hard fought for and won over the course of the past century? It is mind-boggling to me.His final notes or propaganda after fudging the facts to provoke and anger citizens who just saw the bs report


    Bill Tucker, thank you very much.

    And we'll continue to put the facts before not only this audience but even the recalcitrant legislators who represent us all in Washington, D.C.



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  • GCKaMaara
    11-18 11:16 AM
    This is a very good news. Kudos GC4Me, PD_Recapturing, ItIsNotFunny, NK2006, AkhilMahajan.... everyone.

    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hera more about the phone call.
    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)





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  • doshhar
    09-24 11:30 PM
    add me to the R.Williams list

    buckeye98 - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM

    I am really frustrated now. Whats the use of my doing every effort to make sure my application reaches the first day. Why is USCIS receipting cases from August when so many july 2 filers are still waiting? Should we all send some inquiry into our cases together?


    We should start contacting congress man/woman in our area and need to start escalating it. Do we have any other options?



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  • sodh
    07-11 02:10 AM
    Thankyou IV for the flower campaign GET WELL LUCKY AKA EMILIO.





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  • nixstor
    06-15 01:27 PM
    I shopped around yesterday for lawyers coz I wanted to fire my lawyer (my company's lawyer) and get my own.

    Turns out, they are all very very busy and some of them are refusing to take on new cases. The ones that do accept new cases are asking for something like $3,000 just to file 485/EAD/AP for primary appliant and spouse.

    Although its hard to get confidence in doing this on your own, its also hard to shell out $3,000 just to fill out forms and have a pair of eyes look over it. And after $3000, there is no guarantee that the lawyer's work would be perfect either coz they too, make mistakes as the paperwork (which 90% of immigration work) is really done by paralegals who dont care as much as they should.

    There are lot of people on portal who have filed 485 and EAD/AP on their own. I will link some threads here as I find them. And most people renew their EAD and AP on their own coz they would have left their sponsoring employer and they would be pretty much in charge of everything. So if people can file EAD./AP on their own, then the intial 485 is only one more form.

    Very true. If people can file for EAD & AP, Why not 485? Its no rocket science. All that we need is a correct list of documents and letter(s) needed from our employer. Here is what I found so far reading 485 form

    1) If we have an approved 140 petition, we do not need to provide a copy of the labor certificate.

    2) We need to submit the labor cert if we have an I 140 pending.

    3) We need an employment letter from our employer stating that the job is still available and the salary to be paid.

    4) No need for G-28 for any form that is being filed by yourself. If some one else is representing you, then they will file a form G-28

    Please add more info as you find.



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  • dhirajs98
    06-21 08:42 AM
    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?





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  • vdlrao
    03-29 10:39 AM
    I wish it should be current or atleast near to current.



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  • alterego
    03-26 05:08 AM
    I am not aware of anything that says that you need to bring this up initially in your job search. I personally wouldn't put it in my CV.
    Apply for a job, as you would if you had a green card (keeping within the AC21 parameters.) If the question of visa sponsorship comes up then you can say you do not need it. I am not sure why people bring this up with their prospective employers. If you have employment authorisation, you have it, it is not employer specific, it is not site specific, it is quite broad in its scope. The employer
    has to complete the I-9 like for anyone else. Any issues would be with the USCIS at the time of adjudication and that would be if AC21 rules are broken.

    I think that sometimes we project our own fears onto employers and make issues when none exist. I've seen the same sort of doubts expressed about AP travel.
    Folks need to grow more confident generally. For many their immigrant petitions 140s have been approved and their 485s have been pending for quite a while. They give you these interim benefits for a reason, so you can use them!





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  • Green.Tech
    09-21 10:03 AM
    Finally, we got the approval emails for self & wife.

    I had got an email from TSC.Ncscfollowup@dhs.gov last friday (09/17/2010) with the update below-

    1: The review was complete
    2: Visa numbers were requested 2 months ago and all security/prints are current
    3: Files have been forwarded to officers for completion.

    In my case the email to SCOPSSCATA@dhs.gov helped a lot. They in turn sent an email to TSC.Ncscfollowup@dhs.gov to step up the processing.

    As others have mentioned IV has played a big part throughout this journey. Thank you again.

    Congratulations ski_dude. Your long wait is finally over!

    Is it ok to attach documents to these e-mails to TSC?



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  • gc_chahiye
    06-25 12:12 PM
    ............Expanding on my previous posts.
    One more thing.
    If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
    Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
    I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
    Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.

    Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.

    thanks for the clear summary of things. One more clarification: (worst-case scenario) have you seen any case where the I-485 has been rejected because it was filed twice?





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  • Brightsider
    10-05 09:38 PM
    Guys,

    So guys from TSC keep trying and hope to get this Ms Beck...you can alway ask the person's batch number and name and don't waste your time if you get someone else.

    All the very best and hang in there...

    SoP

    Congratulations my friend!
    Admire the never-flagging spirit. Glad to know that you have made your Peace!!

    Dont hold yourself back in having the ball of a time.... you deserve it!



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  • number30
    09-24 08:12 PM
    Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.

    Numbers made available from AC21 was the only initial reason to become current. Later after 2001-Sept until 2002- October ( TSC until March 2003) no EB I-485 were approved. Only the cases either transfered to local office or consular processing were getting Approval. It was weird situation because no numbers were getting used hence all numbers were available. So it remained current until 2004. Otherwise it would have been retrogressed by 2003 itself.





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  • sumagiri
    09-23 05:35 PM
    The total number of applications excluding EB2, EB3 are 7,653.
    The total visa's per annum -> 140,000
    Considering that there would be more applications during the year from non-retrogressed countries/categories ..it is evident now that there won't be more than 5K such applications. On pessimistic side even if we consider 10K such applications, The visas available for retrogressed EB2 and EB3 should be around 120K this year.
    Total pending EB2 is 74,932. So EB2 should be Current for all countries this year.
    EB3 should get around 40K visas this year.

    Any one disagrees?





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  • abd
    09-16 04:35 PM
    Got Card Production Ordered today..

    Priority Date - Nov 2005, EB2

    Got an RFE last month, approved after RFE was responded..

    Can u please share your RFE Details? I recetnly received RFE and preparing the documents.





    SunnySurya
    11-04 09:49 AM
    Admin: If you like you may please close this thread.
    Final update on this issue.

    Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.

    In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.

    Thank You and Good Bye!
    Happy Porting !





    ndialani
    10-15 04:04 PM
    Hi Rubaru,
    congrats!
    Did you wait for 6 months after opening the first SR?
    I got that reply letter from USCIS.



    Hi All,
    I received the CPO email yesterday.My case details are PD : Dec 2004, 485 RD : Aug 6th 2007(I140 Filed concurrently),EB2 India.140 was approved on Tuesday.

    I140 was pending from 2007.When my attorney followed up in feb this year,USCIS gave the standard reply of waiting for 6months.After that they said,they will update in 10 days.They didn't update even after that and then i moved it to premium processing on Sept 28th.

    Took 2 info passes in Septembter(regd i140 mainly).First one was not of much help though the officer told my 485 is assigned to IO on Sept 8th.Second time it was different officer and she was very helpful.Tried looking why my 140 is getting delayed but she said ,if she opens my file then 485 file will go back to review queue as it is currently being reviewed by Sept 18th.So she didn't recommend doing that.I didn't open any SR after my first experience of 6 months waiting(without an result!!!)

    Before 485 approval day(i.e Tuesday) i called IO TSC Center but he doesn't know anything when i mentioned that my PD is Dec 2004 & that my case is current from last month.,he told my PD is the RD of 485.I thought no point in arguing with him and hung up.After that i was preparing to send mails to Senator but got the approval before that.


    Anyway,happy that it finally got approved .I am waiting on my wife's approval thought



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