immi_enthu
08-10 06:14 PM
Any updates from USCIS regarding lockbox & receipting dates?
it's still not a week since 08/03/2007 for USCIS :D. they have more 7 days in a week :rolleyes:.
it's still not a week since 08/03/2007 for USCIS :D. they have more 7 days in a week :rolleyes:.
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deepimpact
08-23 03:18 PM
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
I'll stop and leave it here....
The original intention of EB1 (all three categories) was to have exceptional contributors like scientists/researchers/managers, etch to have highest priority in getting GC. Now over time people have found out loop holes as the language of the requirement criteria has a lot of ambiguity. I guess intention of the current memo is to over scrutinize the claims in these applications to ensure that only genuine candidates qualify. Again this is not fool proof and people will find a roundabout. The desparate condition of the EB green card waiting list is causing people to try and move to the higher preferance category either by using correct means or by using loopholes.
I'll stop and leave it here....
The original intention of EB1 (all three categories) was to have exceptional contributors like scientists/researchers/managers, etch to have highest priority in getting GC. Now over time people have found out loop holes as the language of the requirement criteria has a lot of ambiguity. I guess intention of the current memo is to over scrutinize the claims in these applications to ensure that only genuine candidates qualify. Again this is not fool proof and people will find a roundabout. The desparate condition of the EB green card waiting list is causing people to try and move to the higher preferance category either by using correct means or by using loopholes.
Macaca
09-15 08:24 AM
Legal Immigrants `Stuck' as U.S. Agencies Struggle With Backlog (http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aJxl3j_vmv7Y) By Nicholas Johnston (njohnston3@bloomberg.net) | Bloomberg, June 7, 2006
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reachtoravi
07-20 12:23 AM
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
more...
r_mistry
01-12 02:27 PM
Can somebody please provide their experience with SR?
1- When do you get a feedback from USCIS on the SR?
2 - Anybody still waiting for their AP filed at NSC last week of July???
thanks!!!
1- When do you get a feedback from USCIS on the SR?
2 - Anybody still waiting for their AP filed at NSC last week of July???
thanks!!!
sheela
07-11 09:39 AM
Just wondering...
How many people would benefit out of this big movement?
What estimated # of applications is USCIS expecting through this movement?
If the dates were current last year same time, how many ppl with PDs between 2004 and 2006 would have missed the bus last year? Dont think many wld have...
Excuse my ignorance if there is a basic mistake in my assumption
If uscis works more efficiently, several thousand EB2 i may benefit.
Below is reproduced from uscis 7/07 explanation for last yr july fiasco. "60000 visa numbers available were made available" during the weekend of june/july 07.
during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
How many people would benefit out of this big movement?
What estimated # of applications is USCIS expecting through this movement?
If the dates were current last year same time, how many ppl with PDs between 2004 and 2006 would have missed the bus last year? Dont think many wld have...
Excuse my ignorance if there is a basic mistake in my assumption
If uscis works more efficiently, several thousand EB2 i may benefit.
Below is reproduced from uscis 7/07 explanation for last yr july fiasco. "60000 visa numbers available were made available" during the weekend of june/july 07.
during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
more...
gc28262
06-26 02:26 PM
My labor is certified online today June 26,2007. Awaiting the hardcopy of labor certification.
Center: Phily BEC
PD: May 2004
TYPE : EB3 NON-RIR
Wishing good luck to all of you waiting in BECs !
Center: Phily BEC
PD: May 2004
TYPE : EB3 NON-RIR
Wishing good luck to all of you waiting in BECs !
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RaviG
06-25 03:10 PM
Since I am sure that my GC will take 5 to 10 years more. Meanwhile too many things will change that might make me go back home. So I decided to invest in home(India). I sold lot of stocks. Stopped contributing to 401K above employers match (I used to contribute full 15K). Deferred buying house until my 140 approved.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
more...
immuser
09-10 04:44 PM
contribute $100 - Google Order #466330497623100
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checklaw
08-02 08:18 PM
Hello gurus,
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
I know someone replied appropriately but here is something more to chew on...
http://immigrationvoice.org/forum/showpost.php?p=138625&postcount=171
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
I know someone replied appropriately but here is something more to chew on...
http://immigrationvoice.org/forum/showpost.php?p=138625&postcount=171
more...
GCStatus
09-14 10:20 PM
Challenge is USCIS. Thats OUR ONLY TARGET.
So we stop the porting, you think you will get your Green Card quicker?.
I say this again, stop this, focus all your energy on USCIS. Dont waste on talking EB2/EB3 when you know it wont really fix the issue.
So we stop the porting, you think you will get your Green Card quicker?.
I say this again, stop this, focus all your energy on USCIS. Dont waste on talking EB2/EB3 when you know it wont really fix the issue.
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vayumahesh
10-28 03:28 PM
Thanks 9Years for sharing the info. My I-140 was filed on Oct 20th under premium processing and still waiting for approval.
As next step, are you planning to do interfiling or wait and see if I-485 will be approved automatically ?
As next step, are you planning to do interfiling or wait and see if I-485 will be approved automatically ?
more...
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bigboy007
06-04 11:59 AM
why not ? 140 and 485 can be filed at same time if dates become current.
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GeetaRam
11-30 03:28 PM
Hi,
I was following this thread and it has good information.
I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
My 6th year of H1-B is getting completed on Sept 2011.
Please suggest should I file my I-140 under premium processing? Should I try to convert it???
9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....
Thanks in advance...
I was following this thread and it has good information.
I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
My 6th year of H1-B is getting completed on Sept 2011.
Please suggest should I file my I-140 under premium processing? Should I try to convert it???
9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....
Thanks in advance...
more...
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prinive
07-06 01:28 PM
it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July. :rolleyes:
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gene77
03-20 12:43 PM
Folks,
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
more...
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amitjoey
07-05 02:13 PM
The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:
Thank you ChanduV23
- On behalf of the Core IV Team
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. TSeveral dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Thank you ChanduV23
- On behalf of the Core IV Team
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. TSeveral dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
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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
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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hopefullegalimmigrant
12-27 09:14 AM
Looks like in majority end july through August are pending the receipt of AP not to say some of the guys have still got it but they are from various service centers. Very inconstent. This is a document that has no accountability to be completed by X amount of time but we have all paid fees for it. Come vacation time and no AP, we will have to make the trip without the document. Its not that one decides to go to vacation every month. This is a losing deal for us. How do we address this delay? Infopass does not help I was told unless you decide to lie wholesale.
santb1975
06-10 12:16 AM
Reflects my thoughts
�I am not judged by the number of times I fail, but by the number of times I succeed: and the number of times I succeed is in direct proportion to the number of times I fail and keep trying.�
For those who believe in this, please contribute to the cause...
�I am not judged by the number of times I fail, but by the number of times I succeed: and the number of times I succeed is in direct proportion to the number of times I fail and keep trying.�
For those who believe in this, please contribute to the cause...
waitforevergc
02-18 02:58 PM
All,
I am thinking of writing to the DHS Secretary about this never ending wait for AOS and about retrogression.
Could you all contribute with different points please?
Someone has to take initiative someday.
Thanks,
I am thinking of writing to the DHS Secretary about this never ending wait for AOS and about retrogression.
Could you all contribute with different points please?
Someone has to take initiative someday.
Thanks,
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