Sunday, June 12, 2011

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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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  • lonedesi
    08-04 04:14 PM
    Letter to be sent for an I-140 petition pending at TSC:

    From,
    First Name, Last Name
    Address,


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


    Dear Mr. Ombudsman:

    Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners

    I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

    This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.

    Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.

    Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

    Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

    I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

    Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

    Sincerely,




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  • eb3_nepa
    07-15 03:22 PM
    don't I need to provide the account number of IV there.?

    Nope. You are simply mailing out a "cheque" to IV at the postal address.




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  • needhelp!
    03-12 03:25 PM
    I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.

    There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
    Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.



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  • pappu
    06-04 02:11 PM
    It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
    Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
    You can refer to other lawyer's interpretations of the bill and also ask your own lawyer for more information and to better understand the harm this bill does to us.




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  • lacchij
    08-10 12:26 PM
    Got the receipts numbers for 485,765,131 from the checks...Applied to Nebraska ...Notice was sent on 08/07/07...



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  • GCard_Dream
    07-06 01:59 PM
    Are you guys digging this story as well .. or just talking about it.

    Please go ahead and digg it.




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  • ramus
    07-06 01:01 PM
    I think it is made up statement from your lawyer.. Can you ask him about lnew ink on AILA..

    My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.



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  • JunRN
    09-28 01:37 PM
    It is not even considered yet and I don't think it will ever be considered. That amendment includes not only schedule A but also others and with proposal to increase the number as well.

    How could it pass if it's carrying heavy-baggage, it won't move!!!




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  • desi485
    11-18 03:50 PM
    We must also step forward and work towards resolving other things

    (1) Create blog on how to report Employer wage violations to Wage and Hour division

    (2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues

    (3) Any other pressing issues....

    Folks please add anything you feel must be addressed

    One more update: Found another thread on RG's forum. This one is very specific.

    http://immigration-information.com/forums/showpost.php?p=25447&postcount=7

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21

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

    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.



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  • nareshg
    10-09 01:13 AM
    Congrats on getting your GC (EAD)

    Thank You !!
    Got my EAD, not the GC yet, want to start an LLC soon, but does not seem to be that simple...




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  • SGP
    04-22 09:38 AM
    Hi: Does anyone have update on how long is it taking to get PERM approvals now days? I have applied for my 2nd labor under EB3 at end of March 2011.

    Replies are always appreciated. many thanks in advance.

    Hello.... Anyone there?:confused:



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  • factoryman
    06-21 01:22 PM
    go through all the posts at linked at my post 'Link to post at IV''But what is these guys doing?' (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)

    The linked place is a safe and cozy haven for most Democratic Senators and Democratic Congressmen. All start threads in their real names over there.

    This is like red meat for them.


    http://www.youtube.com/watch?v=TCbFEgFajGU




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  • eager_immi
    07-05 01:04 PM
    do u have the list of email addresses? I sent an email to all 100 senators, hopefully they will reply.



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  • waitnwatch
    07-06 10:58 AM
    Did any of you guys read the USCIS ombudsman report in detail. It talks about FBI namechecks in some detail and specifically mentions that the namechecks are less detailed than what USCIS already does through it's available databases. In fact the FBI checks fewer things than what the USCIS already checks and so the ombudsman believes that the FBI name check is a waste of time and should be done away with.

    Nevertheless USCIS still keeps the FBI name check and I believe that is for purely political reasons where they can conveniently pass the buck if something untoward happens.

    Therefore harping on the FBI namecheck issue for the weekend processing may not be a good idea.




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  • lelica32
    12-10 04:19 PM
    I'v send a letter today. Let see if the Ombudsman will send me a answer.

    I received a answer after 2.5 months.
    The Ombudsman said, Proccesing times August 2, 2007, EB3 ROW, my I-140 is processing on time. My I-140 EB3 ROW was filed on August 22, 2007.



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  • manishs7
    07-20 04:08 PM
    Hilary and Obama said NO to Legal Immigration...

    MCcain said YES...

    Choice is yours..

    THINK before you vote...




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  • addsf345
    11-24 03:36 PM
    Here is the link to USCIS AC21 memo from 5/30/2008:
    http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf

    it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).

    However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?




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  • chanduv23
    05-14 09:38 PM
    Here is the scoop.

    from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.

    Liaison confirmed the following:

    1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
    2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
    I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.

    3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.

    4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)

    Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor

    Unanswered questions:

    1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
    2. Are they both not looking at my information with same interface?

    Conclusion:
    Atleast in my case it looks deliberate and intentional.

    I guess you are now happier than before. You are close to getting your issue resolved.

    No one knows why people who are eligible for AC21 portability are going through this.

    When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.

    Many people have said that this is a training issue. maybe it is. We don't know




    obviously
    09-14 05:33 PM
    Looks like some people will need to get their PhD awards 'overturned'!

    Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.

    e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.

    EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.

    There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.

    Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.

    There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?




    Hermione
    10-01 09:24 AM
    Well, if they wasted more than 1,000 visas, I am going to write and call everyone on my list. Don't tell me they can't manage to appove 140K visas a year, or they are overloaded with work - USCIS approves a total of more than 1M green cards a year, so let's not pretend they do not have the capacity.



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