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  • Macaca
    10-01 12:21 PM
    In 2002 all the EB visas were issued (174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).

    Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas

    From where did you get 174,968?
    Is there any case where unused FP #'s were captured for EB?




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  • vinabath
    07-20 03:21 PM
    So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).

    No offence intended but cool off.

    You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.




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  • villamonte6100
    04-02 02:35 PM
    That is right. People can express their opinions. No name calling and rough language.

    Thank you.




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  • manishs7
    07-20 04:13 PM
    i Will vote for his (MCcain) great great grandson when I get citizenship (and if I am alive)

    Well this message should go out to immigrant American voters ..

    Let's expose their real face...



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  • she81
    04-30 02:14 PM
    At the end of July. I'm not aware of National processing centers. Are there still labor applications stuck there?




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  • nlssubbu
    07-24 06:42 PM
    If they are such smart to calculate numbers like you said, which is theoritically possible, they would not be creating mess like this for years.

    Yes, it is easy for them to know how many applications are filed and from which country and how many are in which category etc etc. Based on visa numbers availability, they could very well process the applications are request the visa numbers from DHS. When USCIS handles all the 485 processing, then how come DHS is responsible for moving the dates in VB. It is insane and ridiculous for DHS to have this functionality when they do not have any idea on 485 apps with USCIS. They are scewing up immigrants deliberately without transparency between them.

    As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.

    There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].

    This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.

    Thanks



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  • satyasaich
    09-29 12:15 PM
    You maybe right. Visa numbers are being wasted because of the pressure being put by people wanting their notices. So many people are calling everyday distracting the USCIS employees. Intead of blaming USCIS for it, tracker thread people should also introspect and also be willing to share some of the blame. :D

    Resources working on 485, adjustment of status cases are never dragged to answer calls for receipt notices. it's another chain of command, not related to Receipt notices or EADs




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  • JunRN
    05-15 11:20 PM
    Thanks for your wishes.
    I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
    It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.

    Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.

    I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.

    The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.

    Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.



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  • TO BE OR NO TO BE
    10-18 04:07 PM
    Here are some facts:

    My I-140 was approved in April 2007 and I-485 was filed in August 2007. My H-1B expired on October 14, 2010 and my employer filed (using an attorney) for an extension last month. I have original H-1B filing receipt and copy for I-485 with me. I also had EAD which was scheduled to expire on October 15, 2010 and I filed myself for renewal of EAD and AP.

    I lost my driving license with my wallet yesterday.

    I checked NJ DMV website and in their 6 point ID verification they accept EAD and valid I-94 (which comes with H-1B approval, but I don't have either on me right now). Does anyone know what is the process in NJ. Do they accept filing receipts as valid document?

    Without license I can't drive and go to work.

    Any recent experience? I would really appreciate an answer.

    Thank you




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  • mbawa2574
    03-04 05:16 PM
    Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.

    There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:

    Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.

    So this is a new feature of Obama Nation:mad:

    Liberals shame on you for electing this inexperienced socialist communist to the white house.



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  • anurakt
    01-03 04:07 PM
    I really envy all of you guys who can return to your country. I have been here 8+ years and I am 53. My country does not even give me a passport and in top of that I am stuck in the namecheck black hole.

    andy

    You can come to our country :D :D :D food for thought .... I am sure you can get a work permit and citizenship very easily :D :D




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  • 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



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  • gc_chahiye
    07-20 06:37 PM
    July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.

    Well it's done. Happy now?

    I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.

    And now the massive backlog is the result.

    You can't have your cake and eat it too.

    No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.

    I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.

    Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.

    It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.

    One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.

    Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.

    thats one way to look at it. The other way to see this is that:

    - given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.

    -there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.

    - instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.




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  • manderson
    03-11 11:12 AM
    Napoleon, thanks for those great finds. I always suspected Self-Porting is possible but with too many caveats.

    Please see IV user unitednation's experience while skirting around self-employment / AC21 issues and dealing with "financial viability/ tax returns" type interview questions. He finally succeeded in getting his GC, which still gives me reason to believe that it's possible to be independent after EAD (if you can navigate the loopholes):

    http://immigrationvoice.org/forum/showpost.php?p=142698&postcount=212

    Sorry if this is a repeat post/link.



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  • pmat
    05-02 09:19 AM
    FYI... I got the stimulus check ($1200) direct deposited in my account today. I am on H1B and my wife is on H4; both of us have SSNs.




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  • smuggymba
    08-23 08:06 AM
    This line is not good:

    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;




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  • bombay
    02-09 09:39 PM
    When a girl comes to US for a job as a nurse and starts earning a good salary. The parents try to get some money from her. they build good house to make a show. Once the money starts pouring in, the (brother)son wants to do some business, build a house, the relatives start. My wifes relatives (dad's sisters) called up for money. " you guys are earning good in US, we want to build a house. When can you send me couple of lakhs".
    I hate south indian nurses who came to US alone for jobs and more than that their parents who send them to earn money. I married a south indian nurse. The expectation from a daugther is more than a son because they tell their daughters once you become a nurse and go to US/UK or elsewhere i will start a business. "Our neighbour's daughter is in UK and they have a good house." Another great thing is once the girl is a nurse, guys come running to marry them and enjoy their life raising kids and the wife works at the hospital. I know several guys who got a green card through a nurse, works part time and take care of the kids. In that case the girl buys property at her dads house settles under her dad's wishes and should not do so when they married a person who earns the same salary as hers.
    I really don't understand the meaning of marriage if its like a slavery.

    My suggestion to those who are not married,
    Marriage is very good if both of them know their responsibilities. Before marriage know each other for more than 3 years then get married. talk about whats their thinking about marriage. IS she going to change her last name after marriage. This seems small but the surroundings make the life miserable after some years. How are you going to control the finances etc..
    As one of the old hindi dialogues, before marriage ... like moon(chand), after marriage .. like suraj (sun) and after having a baby - like a fire(juala).




    bazuka6
    09-13 06:26 PM
    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.


    Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality


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