chanduv23
05-15 09:52 PM
Looks like the effect of congressional office. I have soft LUDs on my I-485 and second MTR on 05/15/2009
Well, there you go. I am sure your congress liason will give you some good news next week.
Well, there you go. I am sure your congress liason will give you some good news next week.
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amitjoey
07-13 05:22 PM
My 2.5 Cents.
We need to start a Letter Campaign next.
A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.
A number of people have already sent in the letters, Just use the above template, personalize it a bit, make it a letter. Put in your address, phone #, stamp and envelope and put it in the post.
We need to start a Letter Campaign next.
A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.
A number of people have already sent in the letters, Just use the above template, personalize it a bit, make it a letter. Put in your address, phone #, stamp and envelope and put it in the post.
9years
10-28 07:27 PM
Hi Vayumahesh,
My attorney told me that it takes around a month to get ported (may be he is just saying in general). As I mentioned earlier My I-140 (EB2 one) shows EB3 priority date. I hope something will happen in a month or two.
Good luck to you on your EB2 I-140.
Thanks.
My attorney told me that it takes around a month to get ported (may be he is just saying in general). As I mentioned earlier My I-140 (EB2 one) shows EB3 priority date. I hope something will happen in a month or two.
Good luck to you on your EB2 I-140.
Thanks.
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485Mbe4001
08-13 04:22 PM
We have a one month window to push for HR 5882, let us focus on that. if it doesnt work then we have no hope. at this rate EB3 will not even move 6 months per year. In retrospect every minor gain for the EB community has had major implications to EB 3 and the backlog as a whole (just venting a bit, dont want to drag it into a big discussion). I remember last year there were many who were saying 'now that we have EAD and AP we are good', this year many will realize the additional pain of renewals and waiting.
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
more...
gcisadawg
09-15 03:25 PM
There are people that used
1> Labor substitution
2> Worked in LC backlogged state like CA, NY, TX etc but filed in fast moving states like Maine, NH etc..
3> Applied in EB2 when their job requirements wasn't really EB2.
4> Made up five years of experience so as to apply for EB2.
5> Packaged NIIT diploma et al as masters..
Then there are others Who applied in EB2 because they had a masters or genuine experience AND their job demanded EB2. Also people, irrespective of their categories, toiled at BECs.
I would be a bit skeptical about folks that filed EB2 thru a body-shopper or a consulting company. It doesnt mean that EB3s are holier-than-thou and hasnt resorted to fraud.
My point is, the whole system is biased against people who follow the rules.
Unless you play the system ( using the points mentioned above), you have to wait and wait and wait..
At this point, its hard to find out who belonged to the former category and who belonged to the later. Do you think people would come forward and accept?
-Peace
G
1> Labor substitution
2> Worked in LC backlogged state like CA, NY, TX etc but filed in fast moving states like Maine, NH etc..
3> Applied in EB2 when their job requirements wasn't really EB2.
4> Made up five years of experience so as to apply for EB2.
5> Packaged NIIT diploma et al as masters..
Then there are others Who applied in EB2 because they had a masters or genuine experience AND their job demanded EB2. Also people, irrespective of their categories, toiled at BECs.
I would be a bit skeptical about folks that filed EB2 thru a body-shopper or a consulting company. It doesnt mean that EB3s are holier-than-thou and hasnt resorted to fraud.
My point is, the whole system is biased against people who follow the rules.
Unless you play the system ( using the points mentioned above), you have to wait and wait and wait..
At this point, its hard to find out who belonged to the former category and who belonged to the later. Do you think people would come forward and accept?
-Peace
G
InTheMoment
04-26 10:10 PM
onemay,
Don't lose it yet...when was the extension applied ?
Extensions these days take less than 60 days for sure.
Also if you have a home-country license, you can always use it as a time gap arrangement :)
So you can always move that finger !
Don't lose it yet...when was the extension applied ?
Extensions these days take less than 60 days for sure.
Also if you have a home-country license, you can always use it as a time gap arrangement :)
So you can always move that finger !
more...
new_horizon
03-04 02:15 PM
I too got a soft LUD today for both me and my wife. But it still shows:
Current Status: Case received and pending.
hope it's something for the good. My case is at NSC.
Current Status: Case received and pending.
hope it's something for the good. My case is at NSC.
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arnab221
06-23 09:30 PM
I thought Murphy's law of " Whatever can get delayed will get delayed " , applied to me only. Looks like in the US GC process it applies to everybody else also .
:D
:D
more...
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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pitha
07-19 04:09 PM
Guys please enroll for recurring contributions. Its for our own good. Please dont sit under the misconception that since we applied for 485 and we get EAD we might be ok. you are not safe until you have the green card in your hand. durbin, grasley, ron hira are out there to get you, I wont be surprised if they come after EAD once they are done with H1. Please contribute to IV so that we can work on the next leg on the process, be it SKIL or visa number recapture or whatever comes but to do that IV needs money, please contribute so that we can build on the momentum. Junior members, news members you are the new blood please come forward and contribute. To existing members please think about increasing the recurring contribution amount.
more...
PKV4voice
09-16 08:30 PM
Unable to participate due to prior commitments (travelling in Mid West)
Contributed $200
Google Order # 332995467726386
Appreciate IV's initiative. Thanks a ton.
Contributed $200
Google Order # 332995467726386
Appreciate IV's initiative. Thanks a ton.
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raysaikat
01-07 12:24 AM
raysaikat, and others, can we call a truce and focus on the original intent of the thread? I am sure we can all agree that the top 5 % of the worst university (does not matter which, or where) are usually better than the bottom 5 % of the best university (again, does not matter).
In my life, in our company, I've seen some of the sharpest brains around (PhDs working for the Russian defence before they defected in late 70's and early 80's) and some of the dumbest (a mechanical engineer who refused to believe me when I mentioned the sun was approximately 300000 bigger than the earth in terms of mass and 1000000 times bigger in terms of volume). Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions. There are all sorts who make the world a pretty interesting, if unpredictable place. :)
You never know whom you are sitting next to on the plane! ;)
Rather than arguing over silly matters, perhaps we should focus on intelligent analysis and if necessary, rebuttal of arguments.
We do not prove anything by arguing over IIT vs Osmania, or North Vs South, but merely conform the worst aspects of Prof. Wadhwa's sweeping generalizations.
I, for one, have serious questions:
A) The video was edited. It is a collection of sound bites. How do we know the context of the statements if we do not have the full transcript?
B) We have no visuals of the charts and figures referred to by Prof Wadhwa.
C) We have no access to the raw data used by Prof. Wadhwa. He may had published it, but I have not seen any of it. (Unless Macaca can ferret out the details.. if anyone can, he is the man!). I have, for instance, basic questions whether immigrants and foreign students were excluded when he (Wadhwa) was counting the openings filled and engineers graduated in US.
I do not mean to offend anyone, nor am I commenting on any country, university, or anything.. so please do not misunderstand me. Let us focus on the what is more important.
I agree with you. It is important to know if the US data excluded international students or not. You can find the papers here:
http://www.soc.duke.edu/GlobalEngineering/papers.html
The relevant one seems to be the following:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
In my life, in our company, I've seen some of the sharpest brains around (PhDs working for the Russian defence before they defected in late 70's and early 80's) and some of the dumbest (a mechanical engineer who refused to believe me when I mentioned the sun was approximately 300000 bigger than the earth in terms of mass and 1000000 times bigger in terms of volume). Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions. There are all sorts who make the world a pretty interesting, if unpredictable place. :)
You never know whom you are sitting next to on the plane! ;)
Rather than arguing over silly matters, perhaps we should focus on intelligent analysis and if necessary, rebuttal of arguments.
We do not prove anything by arguing over IIT vs Osmania, or North Vs South, but merely conform the worst aspects of Prof. Wadhwa's sweeping generalizations.
I, for one, have serious questions:
A) The video was edited. It is a collection of sound bites. How do we know the context of the statements if we do not have the full transcript?
B) We have no visuals of the charts and figures referred to by Prof Wadhwa.
C) We have no access to the raw data used by Prof. Wadhwa. He may had published it, but I have not seen any of it. (Unless Macaca can ferret out the details.. if anyone can, he is the man!). I have, for instance, basic questions whether immigrants and foreign students were excluded when he (Wadhwa) was counting the openings filled and engineers graduated in US.
I do not mean to offend anyone, nor am I commenting on any country, university, or anything.. so please do not misunderstand me. Let us focus on the what is more important.
I agree with you. It is important to know if the US data excluded international students or not. You can find the papers here:
http://www.soc.duke.edu/GlobalEngineering/papers.html
The relevant one seems to be the following:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
more...
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
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DDLMODES
07-06 10:27 AM
Nixstor,
AILA's publication itself said that checks were not done... Its evident on also. If you refrain from spicing up things its never going to come up in media. Who cares if 500 mm immigrants are backlogged ?
You are saying that authorities will take retaliatory measures for saying something that really bad happened. Then dont even talk about lawsuit etc... Do you think a lawsuit aginst USCIS/DOS is going to please them very much ???
Take either Boat1 or Boat2 -- Please do not sail keeping your foot in two boats. I apologize if i sound aggressive but it is what it is. Doing a work
in weekend of 48 hours (consuming 25000 visas) which takes even more
than 48 days definitely involves bypassing CRITICAL checks !!
Truth is a truth - neither you or me or anyone can alter it.
Thanks!
If these are the ONLY arguments we can use to get media attention then let's not use them at all. This WILL hurt us more then it can help !
I have a question: Are you one of those anti-immigrant people because you sure behave like one !
If they revert the decisions for 20000 greencards and put the visas back in the pool, how would that help us ALL ???
AILA's publication itself said that checks were not done... Its evident on also. If you refrain from spicing up things its never going to come up in media. Who cares if 500 mm immigrants are backlogged ?
You are saying that authorities will take retaliatory measures for saying something that really bad happened. Then dont even talk about lawsuit etc... Do you think a lawsuit aginst USCIS/DOS is going to please them very much ???
Take either Boat1 or Boat2 -- Please do not sail keeping your foot in two boats. I apologize if i sound aggressive but it is what it is. Doing a work
in weekend of 48 hours (consuming 25000 visas) which takes even more
than 48 days definitely involves bypassing CRITICAL checks !!
Truth is a truth - neither you or me or anyone can alter it.
Thanks!
If these are the ONLY arguments we can use to get media attention then let's not use them at all. This WILL hurt us more then it can help !
I have a question: Are you one of those anti-immigrant people because you sure behave like one !
If they revert the decisions for 20000 greencards and put the visas back in the pool, how would that help us ALL ???
more...
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new_horizon
05-04 12:41 PM
Called all Senators in Tier 1
Scott Brown - Will pass message. Initially confused with illegal immigration which the senator is against.
Judd Gregg - Will pass message
Richard Lugar - Supports high skilled provisions
Michael Enzi - Will pas message. Does not know the position.
Lindsey Graham - Left message
John Ensign - Senator opposes CIR. But will convey message re. our provisions.
Orin Hatch - Left message
John Cornyn - Will pass message. No position yet
John Kyl - Will pass message
Mitch Mcconnel - Will pass message. No position yet.
Amy Klobuchar - Will pass message. No position yet.
Claire McCaskill - Left message.
Jon Tester - Will pass message. No position yet.
Jim Webb - Will pass message. No position yet.
Sheldon Whitehouse - Will pass message. Reviewing the bill.
Scott Brown - Will pass message. Initially confused with illegal immigration which the senator is against.
Judd Gregg - Will pass message
Richard Lugar - Supports high skilled provisions
Michael Enzi - Will pas message. Does not know the position.
Lindsey Graham - Left message
John Ensign - Senator opposes CIR. But will convey message re. our provisions.
Orin Hatch - Left message
John Cornyn - Will pass message. No position yet
John Kyl - Will pass message
Mitch Mcconnel - Will pass message. No position yet.
Amy Klobuchar - Will pass message. No position yet.
Claire McCaskill - Left message.
Jon Tester - Will pass message. No position yet.
Jim Webb - Will pass message. No position yet.
Sheldon Whitehouse - Will pass message. Reviewing the bill.
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svr_76
09-15 11:23 AM
I guess gctest is right. He too can try and interfile...provided he is as zealous on his cause to get a GC. In the time a EB3 applicant works fulltime and gets a master's degree by doing part-time. GCTest (Who is either highly qualified by means of a MS degree or was generate experience letters of 5+ years), in EB2 category can work on PhD and get a NIW..and thus be a ble to interfile....Thats current. Or Maybe GCTest's logic is that he does not want to excell in his professional training(qualification) and life bcos by doing that he will be jumping from EB2 to EB1 and he does not want to do the unethical :-)
:)
:)
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ns521
12-27 06:01 AM
I wish you guys to mention the center you applied to because processing times are different...
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Imigrait
03-03 03:55 PM
It's stupid to have rules around which expect Immigrants from India and China to hold on to their jobs for 10 years without changing it when everyone around is losing their jobs.
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anujcb
03-15 11:24 AM
did it start yet? any updates?
chanduv23
06-13 03:32 PM
Come on folks - please donate generously to IV
Our donations go long way towards lobbying efforts
Our donations go long way towards lobbying efforts
th5000th
06-11 07:31 PM
There are approximately 25,000 EB2 and 25,000 EB3 applicants currently
queued at the Department of State awaiting visa numbers.
There are currently approximately 25,000 EB2 India cases
which have been reviewed by USCIS and queued up at the Department of State
awaiting visa numbers for the "green cards" to be approved.
What does this mean? All the pending EB2 cases for visa numbers are from India?
Isn't it too ridiculous?
queued at the Department of State awaiting visa numbers.
There are currently approximately 25,000 EB2 India cases
which have been reviewed by USCIS and queued up at the Department of State
awaiting visa numbers for the "green cards" to be approved.
What does this mean? All the pending EB2 cases for visa numbers are from India?
Isn't it too ridiculous?
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