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  • pappu
    12-06 08:22 PM
    Yes I had one pending and no RFE was received for either. My lawyer is expecting a notification from USCIS stating the second one is withdrawn.

    Congratulations on getting GC.
    I think the fact that you had same A# helped you despite multiple filings. There are cases of people where even though they have declared their second application, USCIS assigned them a second A# number.
    Pls. Stick around in IV and help others with your knowledge.





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  • syedn
    09-09 09:04 AM
    I wanted to put down the various steps I undertook or have happened since my PD got current in hopes that it might help anybody...

    PD: Nov 2005 EB2 @ NSC got current in August.

    We were in India when my wife got a FP notice in July. Missed it completely but was lucky that the lawyer realized we were on vacation and requested a postponement of FP appointment.

    The original FP appointment notice was for July 7th and we never received a second appointment notice until Aug 20th.

    In the meanwhileI travelled back to USA and opened SRs, Infopass and sent emails to NSC, Opended an Ombudsman inquiry, contacted senators separately for myself and for my wife. I got GC approval on August 10th.

    My wife had her FP taken on Sept 3rd and today we received CPO email for her too. Good luck to all who are waiting and I suggest do everything you can like SRs, emails, contacting senators, ombudsman inquiry, infopass appts. Not sure what worked.

    My Main conern was that my AOS (principal applicant) would be stalled because my spouse (dependent) had expired FPs and we missed an appointment. Apparently this turned out not to be the case.

    Thanks IV for a lot of useful information. All the best to everybody.





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  • optimystic
    03-26 02:57 PM
    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!


    One can argue that an EAD guy has crossed such DOL directed verifications and legally aquired work permit. But a 'once approved 140' is not a gaurantee...right....it can get an RFE and rejected...Mostly for Employers ability to pay, but isn't it also for malpractice during PERM recruiting efforts...?

    My point being, an EAD guy is not 100% cleared of the potential fact that he could be displacing an US citizen. And that puts him under the purview of possible screening by an employer (trying or facading to trying to stick to DOL rules) and being compared to an available US citizen with equal qualifications....does it not? And by virtue of that, gives the employer to ask if a candidate is EAD or not...

    May be the policy of 'innocent until proven guilty' applies here and a work permit of an EAD guy to be treated legally as such and be not doubted. But I am digressing....





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  • needhelp!
    09-25 02:06 PM
    This is April 2009 performance report for reference (See last page):
    http://www.uscis.gov/files/nativedocuments/operating_performance_apr09.pdf



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  • Das73
    05-10 01:13 PM
    It's always a good practice to take a receipt notice of any action done by your lawyer & keep that for your records.

    When you apply for EAD, soon USCIS will ask you to do fingerprints(BIO-2). I think you missed that part and it might be denied or void as it was left for so long!

    You can file for new EAD online at https://efiling.uscis.dhs.gov/efile/InteractionMgr?interactionmgr.interaction=SetupEfo rms&timestamp=1127234762990

    Create your account & you can file your self with out lawyer's assistance. It's always suggested to file EAD(I-765) & AP(I-131) jointly. You can pay by credit card.
    (1) After applying online, you will receive 'Receipt notices' of EAD & AP.
    (2) Now a days USCIS will set up an apointment for BIO-2 of EAD.
    (3) You have to send supportive documents for Advance Parole, like photos,brief explanation of qualifying for AP...I can give you those sample formats !

    Coming to I-485 BIOMETRICS, call USCIS & ask them about BIO. Go to this website & register https://egov.immigration.gov/cris/jsps/index.jsp. You must add I-485,EAD,AP & I-140 receipt numbers like LINXXXX and you will get emails when they get approved. You can also see the changes on 'LAST UPDATED' column, which means your case is touched by an officer. But it's not the confirmation of approval until status message has changed or you got an email.

    Go thru these 2 links & familiarize well. Hope your I-140 has approved. Finally these are suggestions only & I am not a lawyer. Consult an immigration lawyer if you have uncanny issues.
    Goo Luck.

    ------------------------------------------------------------------------
    hi,
    My lawyer filed for my EAD in April 2005. I have been working on H1 all the time and i was not aware that he filed for my EAD.
    HE filed for my AP at the same time and i got it. When i asked him about EAD , he said its not required and that he did not file it.

    Yesterday he mailed me a set of copies in which i found receipt notice for EAD.I checked the status and it says that my case is pending since April 2005.
    There was no request for any proof or anything. It just says we mailed you notice of action and the case is pending.

    I need EAD now. What should i do?

    I called the USCIS and they said that it is out of processing time and filed a service request.

    All my friends who filed their I-485 recently got their Biometrics notice and i didn't get any. Whats wrong with my case?

    I am confused , what am i supposed to do?
    Appreciate your suggestion
    -------------------------------------------------------------------------





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  • GreenCard4US
    10-31 03:36 PM
    I am sorry if I am bit late on this forum. Why even inform USCIS when you use AC21? There is no rule stating that you have to inform them , so why do it?



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  • GCOP
    09-09 04:24 PM
    I called all the Congress members on the List. Their staff assured to convey the message to support/ vote in favor of HR 5882.





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  • pani_6
    09-23 05:00 PM
    So for EB-3 we have 1630 from 01, and 8300 from 02 and 12500 from 03..how long would this take to clear given EB 3 allotment??. every year??.



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  • bejoy_p
    09-16 12:01 PM
    Thanks to IV for all the information and discussion.

    Priority Date: March 31st, 2006 at NSC
    Category: EB2
    SLUD: 8/18 & 9/4

    CPO email: 9/15 (morning)
    Decision email: 9/15 (afternoon)
    CPO email again: 9/16 (morning)

    No approval email yet!!!





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  • sledge_hammer
    11-20 09:58 PM
    You are not the only one who thinks this way! Do you want to stuck with your house...paying 600k mortgage for 300k worth house? It is stupid people like you who would, I won't!.
    When you buy a home you sign a contract saying you will pay the loan amount at the end of the loan term with interest. There was a commitment made. And you are saying people who walk away without fulfilling their obligation are smart? Fool!

    Those who are walking away are smart. Banks are stupid to finance 100%. If you go bankrupt, govt won't bail you out. If banks go belly up, govt would give 750 billion!
    And who do you think is footing the bill for bailing out those banks? its you and me! You are not only dishonest and unethical, you must be really dumb if you think you are not going to be paying for the mistakes of people like punjabi when they "walk away" from their homes. Idiot!



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  • vkrishn
    08-13 10:58 AM
    Thanks Appas.. I sent an email to ombudsman on tueday and got a response on wednesday with the message. I also attached DS701 form, copy of I140 approved notice, I485 receipt notice.


    Dear Sir/Madam:

    We have received your case problem. We will initiate a formal inquiry with the U.S. Citizenship and Immigration Services (USCIS).
    We appreciate your continued patience and understanding.
    Sincerely,

    Office of the CIS Ombudsman
    Department of Homeland Security





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  • trueguy
    08-20 11:49 PM
    Thats exactly what it is... Now folks take a look here. These were the dates before July 2007.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
    It will be resonable to assume that these will be the dates in OCT bulletien for Eb3-I.
    Finally, 5882 is our only hope for now.

    On what basis you are saying that Oct'2008 PD will be similar to Jun'2007. Didn't you read the note in Sep'2008 VB that PD for EB3 category will retrogress further.

    If you cann't support EB3 community then at least don't misguide people here. EB3-I is in severe pain right now and people like you can't understand it.



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  • fatjoe
    10-06 02:03 PM
    It happens to me too. Anything too good has always followed by something bad and vice-versa. I am just talking about the pattern. When my LC got approved, my spouse was severly ill and diagnozed with severe un-curable heart condition and is under expensive & tedious treatments now. We have to confront life as it comes and avoid making any hasty decisions based on the situation. That's the main reason, I am desparately waiting for GC, so that we could get better treatments, which I cannot even imagine to get in India.
    Anyhow, here is the letter I have drafted to Napolitino. However I would like to stress the point that USCIS has to approve the applications based on PD, but lost for words. (Thanks SoP for your idea of first few sentences in this letter)
    *****************
    Dear Secretary Napolitano:
    I would like to bring to your attention that my Green Card process is unfairly getting delayed despite the fact that all checks and clearances were completed and my application was pre-adjudicated. Above all, visa number is available as well to approve my case.
    I, <name>, have filed for I-485 to adjust to permanent resident status on August 17, 2007, based on employment (EB2). My priority date is July 2004 and is current and my case is beyond the stated processing time.
    I took infopass appointments twice after our dates became current and raised Service Request 40 days ago. But no action has been taken in our case so far.
    I am really frustrated about the long wait, considering the fact that all checks were done and our cases have been pre-adjudicated. My frustration is not only because of the long wait, but the applications with Priority Dates later than our ours like December 2004 and January 2005 were approved. I am not sure of the pattern followed by USCIS.
    Senator's office is already following up with my case. But nothing seems to be moving.
    Ms. Napolitano, your action is urgently needed to approve my case as I have been waiting for more than 5 years for the green card and I am afraid that visa number may become unavailable soon.
    **********
    I welcome anyone's suggestions to make the letter look more professional, catchy, touchy, etc.

    SoP/any one, feel free to send me a private message.

    Thanks.


    There has been some requests for the letter format that I sent to Napolitano and Mr. President. I can't put them in the public domain but I'll be happy to send them if you give your personal email ids.

    Yesterday was a very eventful day for me...in the afternoon my wife got approved and 12 hours later we had to call in emergency 911 to take her to the hospital as she was having such strong chills and violent shakings..we all got scared and we have a 2 and half month baby on top of that.....but with strong dose of antibiotics and drips she is better and back.....wow what a day and night.....

    In any case I'll answer all your queries....I feel the option 4 is the best way to get to TSC...I have always used that....congressman's office has discretionary powers and you should use that.....use strong words it is your right......they are here to serve you unlike in India where they are there to get pocket your money....no pun for my motherland but unfortunately it is true....

    Try a time frame of 4:30-5:30 EST to call the TSC or NSC for that matter...ppl are in a better mood at the end of the day and on thursdays and fridays.....ping your lawyer and ask him or her to intervene......if you know for sure your case is preadjudicated write it strongly in your mails to DHS and others.

    I had in fact attached the previous year letters and their responses back to me in my last mail to Napolitano and it was really quite strong.....I am sure it is hard not to take a note of it......I don't mince words and I believe that one should fight for one's rights....

    I have been associated with organizations like ASHA, AID and DISHA for long and that have taught me a lot too.............


    Again your attitude should be "You have nothing to loose"...so make a best case for yourself and go for it...

    SoP





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  • chandooo
    09-22 12:14 AM
    Let me give you an example and you would understand my point. USCIS Customer Services Directorate received 16 million calls from the public and 300,000 from Members of Congress. Add to it, all other items people do to get attention for their case and think that by sending an email or a phone call from Senator or by a lawyer, the officer will realize his mistake and quickly open the file and approve it. If you look at the responses people post to their inquiries, you would see that most responses are standard. USCIS is not just approving 140K greencards but more than a million greencards, hundreds of thousands of H1 and other visa types, EADs etc...every year. Greencards do not get issued on the day date gets current. It is not a automatic process. There is lot of human work involved and many people do not understand that or spend time understanding it. They would rather waste their time either on useless task of tracking or calling customer service every single day.

    i understand everybit you explained here but your missing human anxiousness whether it is GC or OC(no meaning) people willnot stop doing enquiry i think you might did to and being hypocritic that everyone is anxious about doing so the explaination looks like your working in uscis customer care and taking care of all this everyone knows that uscis doesnot only deals GC and not only we are calling them
    take it easy brother



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  • conchshell
    07-11 11:42 PM
    Dainik Bhaskar:
    http://70.87.69.50/DainikBhaskar/artMailDisp.aspx?article=12_07_2007_001_023&typ=1&pub=587





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  • mbawa2574
    05-09 07:53 AM
    This would be a good move on part of BJP.
    http://timesofindia.indiatimes.com/BJP-to-link-N-deal-execution-to-US-outsourcing-move/articleshow/4492192.cms

    Let Obama feel the heat. US has to understand that they have no native skills and they are in deep debt. Let more jobs go away in this country if Mr. Obama does not stop his actions.

    In nutshell- Election of Obama is bad for Indians / Skilled workers.
    Yankee ( Moderate)Republicans are any day better then hard liberals & right-wing conservatives. Now we are seeing that Obama & Tancredo have the same agenda to scr*w us.



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    08-26 04:35 PM
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  • walking_dude
    01-11 02:55 PM
    Right. We are already here and working . How will we displace any American worker if we get the Green Card?

    ALIPAC should be renamed to Alibagh !

    How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D

    This is beyond ridiculous!!

    Guys we need to send in our letters!!





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  • kiran24
    06-29 06:23 PM
    I can't believe this is happening to me. My priority date became current as of June1. My attorney has sent my wife's petition to Chicago instead of NSC. He got the petition returned this afternoon. I got my I485 approved on June 25. My wife is currently out of status. If the rumor is true, I'll be totally screwed. After 10 years in this country, a dumb mistake pretty much ruined my life.


    Why did your attorney send the package to Chicago instead of NSC??
    Who is your attorney??





    nsabavala
    01-04 04:18 AM
    :confused::mad:

    I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.

    For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.

    There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.





    vin13
    09-24 03:24 PM
    Good Job by 'BharatPremi' on the analysis.

    I believe it is horizontal spillover and not vertical spillover. I think it makes a huge difference for EB-2 on how the spillover is calculated.

    Its a great start to analyze with some numbers rather than the predictions based on wish.



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