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  • sankap
    08-24 01:19 PM
    AC21 has nothing to do with EAD.
    So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?





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  • sayonara
    11-26 11:35 AM
    In our case, the primary applicant has received FP but the dependent has not yet received, has this happened to anyone?

    I called Customer Service and now they ask that we wait 180 days from the time the case is transferred to NSC before enquiring about it !





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  • optimystic
    04-01 06:44 PM
    Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
    There maybe a public USCIS rule / procedures that would confirm what she told me.

    Q) When is the name check typically initiated
    A> Soon after receipt

    Q> Is my name check cleared.
    A> wait a moment..... yes

    I've also explained why Nebraska processing dates moved back...
    1) Transfers from Texas
    2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
    3) 180 day name check rule taking effect -- clean up old cases.
    4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).

    Now could USCIS hide behind name check now?
    Probably not for more than 180 days, because you could file a WOM and win.

    Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.

    A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.


    Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript

    She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions

    1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?

    A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.

    2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?

    A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.

    3) Can I place a Service request over the phone instead?

    A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.

    4) When do you think the Processing dates will catch up with my receipt date?

    A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !


    I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.

    But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???

    I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?

    If not then, whats the point of taking an InfoPass?





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  • map_boiler
    07-05 05:19 PM
    Thanks chanduv23! I used the template he provided this morning (with some editing) to email senators from my state of residence.

    Guys, please use this template to email senators from your state.

    Also, please contribute to IV. I just did today, and believe me, you will feel better for doing so...

    This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
    1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
    2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
    3) Get this matter the attention it deserves in the media
    4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
    5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.

    The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....

    With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such utter disdain ever again...



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  • gc_maine2
    05-16 12:43 PM
    Thanks for you response apahilaj, I am also doing a paper file..
    Can you please list the documents you have sent along with the I-765 Application form..

    Thanks a lot.

    Mine was paper file...

    I sent mine and my wife's application in seperate packets via certified USPS mail.





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  • BPforGC
    07-16 04:35 PM
    NSC is like a lottery station. You have no idea when your petition will get adjudicated. Forget the dates. There are only two categories; lucky and unlucky. Lucky guys get out in one year. Unlucky guys stuck for three or four years.

    As of now, they are concentrating all the resources towards approving as many Naturalization petitions as possible. Say, 70-80% of their resources are concentrated on that process. They are under tremendous pressure from politicians to get as many new voters for upcoming November elections as possible.

    Hiring new staff and training them is going on but you will not see the results until January or February 2009. Apparently, these agents will have to go through thorough FBI check before selected for training. As usual, it met with few bureaucratic delays. They are at least 7 months behind their target in hiring new staff.

    Remember, this same agency released "Strategic Vision" report in 2004, where they proclaimed to adjudicate I-140s in 180 days and eliminate backlogs before the end of Bush's presidency. Wow! what an efficient implementation of the "Strategy". Soon, they will come up with a "New Vision", which will get blurred within days. Story repeated.

    So, EB guys, forget about our I-140s and 485s for a while. They will crawl, atleast until October end.

    More over, what you are dealing with is the most inefficient and callous agency in the US government. Since this agency does not deal directly with US citizens, very rarely they will have to answer anybody, unless they screw up big time.

    There are only two things that get you green card; patience and luck.

    Good luck to all of us.



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  • TheCanadian
    03-21 12:51 PM
    That doesn't even make sense!





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  • jayleno
    09-19 10:38 AM
    Not yet. I'm planning to. :D. Can you please eloborate "we", apart from you who else is interested in knowing?

    We would like to know the count of GC waiting applicants with US citizen children.



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  • pd_recapturing
    03-04 01:55 PM
    Pearson memo soft copy is here (http://immigrationportal.com/attachment.php?attachmentid=16204&d=1177965983)
    I sent mine and spouse's 485 receipt notices and both the I-140 approval notices. I sent only copies. You really need to find the correct PO Box number of TSC or NSC to send the documents. My attorney sent the letter to NSC general service PO Box and I do not think that it was correct. I am planning to send the same stuff again to 485 filing PO Box.





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  • chanduv23
    06-16 03:56 PM
    Once you leave your shores and come to another country, peeople from every nationality are same. Indians, British, Nepalese, Pakistanis etc...... There must not be concerns about names that sound Indian.....

    Indian names are very nice names, kinda difficult for westerners to pronounce but whats wrong in an Indian name???

    Indians also have names like John, James, Mary etc... which sound western. Whats wrong with Aman ?? The name is nice. Easy to pronounce.



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  • gcisadawg
    04-14 10:25 PM
    Thank you all for the good wishes !!

    Pappu, I havnt got the approval notice / email yet. Will update once I have the same.

    The day I got the email ( April 9 ) from TSC, I received an "unknown" call on my cell phone. I was in a meeting and was unable to take the call. Couple of days back I received a similar call and it was from an immigration officer @ TSC. She chatted with me regarding my old 140 for 2 minutes and told me that the priority date has been ported / used. I think the nice lady wanted to let me know about the approval and since I did not pick up the call generated an email from the OLD TSC system !!!!! . There is no update on the online system after wards.. I will update once I get something in regular mail..
    Thanks again for all the good wishes and hopefully things will improve for all of us soon.

    Congratulations! Seems like the nice lady wanted to chat up with Bond, James Bond! :D





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  • savigans
    10-24 05:01 PM
    I'm in a similar situation:

    EB2 LC Priority Date: August 25, 06
    I-140 pending
    Received I-1485 receipt notice and EAD
    I-485 Reciept Date: August 1st, 07

    I want to do an internal move from the position of "Software Engineer, Test Automation" to "Software Engineer, Webapp Developer". The job duties are similar but not exactly the same. Also, the job qualifications for the first job required BS + 5 (which I don't have yet) or MS (which I have). My company specifically made it this way for me. But the job qualifications for the new job is just BS + 3 (this is apparently not EB2). But now they are not willing to change the job qualifications for the new job to be EB2 since they have to do recruiting/advertisement reports, etc. for the new position.

    My lawyer says its illegal to change job duties w/o notifying USCIS. They say I cannot do that even with an approved EAD. Is this true? If so, is there any USCIS documentation backing this.

    Thank you for all the great work you guys do.



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  • Aah_GC
    12-04 05:40 PM
    Dude.. Congratulations! Isn't that the ideal scenario to be in? You make money at both places and your GC is safe.. count your blessings and have fun!

    Gurus,

    Here is my situation:
    I-140 approved - PD: May '06
    I-485 filed - July 30 '07 (India)
    EAD cards - Received
    APs - Received

    Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.

    I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!





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  • gsc999
    05-26 11:33 AM
    Here is my guess on who will be in Conference from Senate side.

    Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold

    ---
    See below for Frist's ( Rep. Senate leader) comment:

    Frist said the Senate will send 14 Republicans and 12 Democrats to negotiate with the House, with seven of the Republicans and five Democrats coming from the Judiciary Committee. The remaining seven Republicans will be chosen by Frist and remaining seven Democrats chosen by Reid.

    At least one oppoenent of the compromise measure, Sen. John Cornyn, R-Texas, will be among the remaining seven Republicans appointed to the committee, spokesman Don Stewart said.



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  • WillIBLucky
    02-08 11:15 AM
    You wont be watching the visa bulletin after 12 years as by then you have got you GC or you are back in your home country since your patience would run off by then.

    Whatever be the case, its better to forget keeping a track of when the Visa "sad News" Bulletin is going to come and predict.

    Good Luck!





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  • June05
    10-19 11:30 AM
    "What it means that when you apply your 2nd I-140, make sure you request for PD porting as well."


    This is my original question. My I-140 has already been filed - not approved yet - but we have not filed for porting the old PD. Can we not do it at the 485 stage?



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  • needhelp!
    02-11 12:00 PM
    - You are a dependent EAD holder
    AND
    - You will never need to travel outside US
    AND
    - Some one else takes care of renewing your EAD every year
    AND
    - Someone else pays the $340 + $200 (lawyer fees) to renew the EAD
    AND
    - The principal applicant is able to find job in "same or similar" if laid off so that I-485 is not jeopardized
    AND
    - You are never going to get laid off because if you are, then good luck, because there are lots of companies out there that explicitly require green card holders and citizens because they don't want to get into any type of immigration issues (illegal by law, so you can technically file lawsuit against them).





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  • bkam
    04-14 09:01 AM
    Berkeleybee,

    Discussing the way the immigrants are treated in this country is a very constructive conversation. Discussing the way of getting out of this situation is also a very constructive conversation.

    Although I appreciate your (the core team) efforts and support them, we are still light years away from a quick and effective solution of the backlog and retrogression problems. All - government, Senate, Congress, Immigration service, big business etc do not care at all about the legal immigrants (better not use another popular expression :-). Do you need a prove for that !? And do you know why is that ? - because nobody "votes with the feet" and there is a permanent flow of "dreamers" hoping to get a GC. The big business is interested in guest workers, not in quick resolution of the GC problem - idiots like us cost less, do not dear to demand rights and are quiet and patient people who could bear a lot. And do not forget that the big business pulls the strings of the politicians.

    Bottom line - the lack of negative feedback (voting with the feet for example) contributed to the current mess in the Immigration.

    You should have access to my email address - call me and I will give you some helpful information.





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  • crystal
    02-10 05:06 PM
    http://immigrationvoice.org/forum/showthread.php?t=14438





    HawaldarNaik
    02-19 04:20 PM
    The last statement represents the typical 'Chalta Hai' attitude of an Indian Citizen...
    I still hope for the day....

    HOW do u hope my friend....you and I and ......our people, are who elected these cheats who have no morals, have stifled judiciary and its free for all...

    When all of us Indian Citizens say NOW....not i hope tomorrow blah blah..someone will come....

    are u waiting for Kalkee avataar....DONT.............. Become One...and bring change...





    sbabunle
    12-01 04:02 PM
    I've gone through the pretty much same situation and had a hell of time
    with it.

    The best way in my opinion is:
    1. Stamp H1B with latest approval from India(Home country) is the BEST way.
    2. If you have the approval right now goto Mexico or Canada and stamp it.
    3. Show the new approval letter to the POE and beg him to give the new data ( Mar 2007). ( Incase you dont stamp VISA).
    4) Incase you dont want to stamp and at POE officer gave you Feb28, immediately after reaching here, do an amendment on you H1B saying
    a slight change in job description. ( Like add one more thing in your responsibilites or whatever)


    If he gives Mar 2007 on I-94 you are okay. If he give Feb 28 that would
    create problems. I did not know it first time and found it after the date expired on the I-94. Murthy advised me to do an H1B amendment. So I had to spend about 3grands on this. Atty said technically I had some 2 months out of status stay. I travelled out after this incident. Nothing happened to
    me on the way back. So I guess everything is okay.

    I would recommend as clean as you could with these things, since doing business with USCIS is an ugly one.

    best regards
    babu



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