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  • GCplease
    03-11 01:19 PM
    I received the rfe details today..Here is my list of documents needed by uscis

    1) updated properly completed form G-325A
    2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.

    Hi eb3retro,
    I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.

    I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.

    Thanks.




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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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  • kaisersose
    06-10 12:04 PM
    One word answer:

    Y2K

    So AC21 and visa recapture happened without anyone trying for it.


    They increased quota of H1B, did AC21 because it was a market demand.
    Now the economy is down, there are elections, jobless rate is high............ so think why will they increase h1B quota or greencard quota? What is the incentive for government?

    I have always held that asking for quota increase is a bad idea and will not happen.

    Visa recapture is the best bet and even that appears to be a hassle as there are many factions opposing it.




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  • mirage
    08-04 03:24 PM
    I would request everybody to send out the mails ASAP. This will certainly help....
    ----------------
    Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...

    -------------------------------------------------------

    To, 08/05/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

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

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072



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  • reddymjm
    09-22 06:49 PM
    I just printed mine and will mail them tomorrow.




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  • my2cents
    11-18 08:22 AM
    My wife is on H4, i'm on H1B. She applied for DL renewal and was renewed for 1 yr.
    They accepted visa, passport, i-94, and H4 renewal receipt notice.
    They gave her one year from receipt notice.
    What a relief. i was worried they would not accept it.
    That was in Sterling VA DMV.:)



    My wife was on H4 but now on H1/Opt. We went to DMV (Sterling, VA) . They checked the passport but did not check anything else. They renewed DL for 5 years instead of 3 years. Not sure what happened but she looked at the passport. I did not offer any other document because she did not ask.



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  • gc_kaavaali
    06-24 12:18 PM
    I have been living in US for 5 years. I came on H1B and applied for labor in NJ in 2003. Spent $1000 for labor. Later i had to change employers because of employer problems. Then i applied my labor with new employer in 2005 march. i worked with this guy around 4 years. Applied 485 in july. I took permanent position on EAD. Here are the problems if they don't give me GC:

    1) Problem is i am stuck at Senior Software Engineer. I cannot take lead position because of pending 485 application. So that means person who doesn't know anything about our application will lead us. From organization point of view that person is waste. It is really waste of money. See how many people are in this situation and see how much money this country is losing.
    2) Because of excess use of human resources in particular organization It also leads scarcity of human resources.
    3) My company will pay for my EAD and AP cost. It is waste of money.
    4) I may not want to go to India because i may scared if USCIS send any details when i am in india. That means i don't use my vacation. I will try to get money instead of vacation. This is also loss for an organization. Not much spending on tourism.
    5) Suppose if i am on H1B, my employer has to bear cost. It is waste of money. I know for USCIS it might revenue but they also incur additional cost to adjudicate my H1B petition.

    No doubt being in america i have better life. But US also gaining so much out of us.




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  • billu
    09-07 12:46 PM
    With so many of us waiting for GCs for 5/10/15 years, makes me wonder what exactly is the motivation??what benefits/advantages does the GC bring ?one major advantage is that the spouse can work (which many of us already have -thanks to july 2007). So being on EAD or Green card-how is this different from h1b?what are some things one can do on GC that they were not able to do on h1b??i am trying to motivate myself for the long wait and need to reinforce that its indeed worth it..



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  • lazycis
    11-20 04:26 PM
    Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o

    H1B petition can be revoked automatically if a) employer notifies USCIS that the petition is withdrawn or b) employer goes out of business. See 8 CFR 214.2.(b)(11). So yes, EAD is much safer in this regard. Revoked H1B petition cannot be used for transfer/extension. It's nice to have H1B as a fallback, but it's not a safe heaven.
    Here is an interesting article regarding H1B and employer's obligation to notify the USCIS if employment ends.
    http://www.chincurtis.com/pdfs/ccid_1_033007-1.pdf




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  • miracles
    08-09 12:09 AM
    any updates on the bridge bill for schedule A Nurses.

    The congress are on break for 4weeks this August, so expect none will happen till September.:cool:



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  • rsamudrala
    07-13 01:35 PM
    Simi Valley




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  • looneytunezez
    05-19 07:49 PM
    Congrats...

    FINAL UPDATE

    HURRAHHHHHHHHHHHHHHHHHHHH


    My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.

    ::::::::::::::::::To recap::::::::::::::

    I went to the Congressional office on 05/14/2009 morning.
    Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
    USCIS sent letter to my attorney on Friday (05/15/2009).
    My attorney received it this morning (05/19/2009).

    Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......

    Here is the wording:

    Quote""""""""""""""""""""""""

    Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.

    The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.

    The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.

    After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.

    The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.

    Sincerely

    """""""""""""""""""""""""""""""""""""Unquote



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  • fromnaija
    06-01 05:20 PM
    The date of the I-140 approval matters just in case the visa dates are retrogressed again before your case is adjudicated, in which case it will be better the longer the delay on your 140 approval. See examlpe 5 in raju123's posting above.

    Thank you for your response......

    Yes I believe paperwork will be filed for all my dependants concurrently. Does it even matter when the I140 is approved?
    It seems that under the new law his cutoff date is Jun 1 since that is when my priority date will be current so as long as he applies for a green card within one year he is ok.
    So if we apply concurrently when is his green card application deemed to have been applied for? When we file concurrently or only when and if the 140is approved.
    What do you think?




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  • nk2006
    10-21 03:30 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.



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  • eb3retro
    03-04 04:00 PM
    see my post here..

    http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44




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  • optimystic
    09-10 04:32 PM
    To the commenter who red dotted with the comment

    "bas*$%^&d - Take it easy. Either u want the system the way it is, or if u want it reformed, someone else has the equal right to get the benefit. I want the people with oldest PD's to get GC first; but please be nice to others.
    "

    I dont think I said anywhere in my post that I don't want "someone else to have the equal right to get benefit"...

    What I actually said was in fact that everyone (not just some lucky ones) should have the equal right to get fair benefit within the scope of the existing set of rules that USCIS has itself put in place (Honoring PDs etc).

    Please read posts carefully before commenting. And I personally usually refrain from giving red dots and comments in the backgroudd (Somehow it just seems a bit cowardly to me..but that's just my personal opinion).

    And as far as bas*$%^&d, it was just a way of expression...Haven't you heard the phrase "You lucky bastard"

    ...although I agree people could percieve some element of frustration in there...and hence the 'no offence' additive in the brackets in my original post.

    I would rather be frustrated at USCIS which richly deserves everone's anger/frustration, than at some unknown lucky bas*$%^&d :D

    Now please go ahead and give me some greens so I can become eligible for the IV chat feature.... :D

    Btw, I also came across a 'red dot vigilante', who gave me a red dot with the comment "I usually give red dots to people who complain about red dots" . (This was for some other post). Nice work sir...You seem to have a lot of time on your hands to do some vigilante work on the side lines :) . Please give some red dots to USCIS :D



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  • satyasaich
    08-02 03:45 PM
    Sri

    Certainly that's a good news. But may i ask you which service center you called in ? is it NSC or TSC

    Thanks
    Satya
    QUOTE=srikondoji]I have talked to a representative and he very patiently explained me about the mess.
    He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.

    He mentioned that they are working hard to meet this deadline.
    Hope this clears the anxiety.[/QUOTE]




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  • freedom_fighter
    07-05 04:15 PM
    Are you insane ? Just because we don't see what IV core/other members contribute behind the scenes, doesn't mean that we should change the IV core. I was a quite member for a while and saw, what IV was able to accomplish during the July 2007 fiasco.

    Yeah , i can understand the frustration, we have not seen anything beyond the July 2007 filing. How many of you've taken out on the streets, went to your senator and congress.

    We are such a minority in eyes of congress/senate, that they dont care about us.

    If you've any better means to do something effective, by all means create some other organization. I don't necessarily agree with what IV pushes for all the time, but so what , they are doing something atleast.

    Still, if you think you've an idea or something that can cause a real impact, share it here and i'm sure IV will accommodate you. I would be happy to see the end of this legal immigration red-tape and see the end of IV for a good cause. IV core are ppl just like us, if you want to devote more time, by all means ask IV and they will include you.

    Ultimately, we all care about getting the job done. End to this insane wait and red-tape.

    my 2 cents




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  • conundrum
    09-15 05:21 PM
    I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!




    milind70
    04-13 11:05 PM
    IV friends ,
    Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.

    Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.

    My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.

    Any Idea on that
    I have already submitted my driving license to my lawyer.
    Please Let me know because I was couting on that I will get 3 year extension this time :(

    I think i saw a query similar to one you have posted but as far as I know,it is the other way around.DMV will ask you legal proof the USCIS approved petition to limit the duration of your DL or photo id till the expiry of your approved petition.These changes came in effect after 9/11 .I had a Cal DL issued in 2000 expiring in 2005 i had changed from Cal DL to VA DL in 2004. They issued me DL upto 2010 ,just last year (2006) my wife went to get photo ID she was asked two identifcation ID ,proof of legal status and proof of residence. After a few hassles she was given a photo id till Feb 2008 when her H4 expires. Frankly I see no dependency of DL duration to the extension duration. It is quite possible DL is another form of ID issued by a State authority and proved you residency. Thats my take.




    JazzByTheBay
    09-10 08:53 PM
    It doesn't hurt to dream... :)

    jazz

    Guys,

    Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.

    Watch the documentray "The Secret" and put your positive thoughts out there...



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