Friday 24 June 2011

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  • Port, Fonseca, Bin No. 27



  • nursekm
    10-03 11:03 PM
    Thanks ! But it still unsure how long it will take ....

    Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.

    This means, that not only Schedule A can file concurrently but also others as well.





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  • ras
    10-17 04:20 PM
    Thank you for your recent inquiry.



    Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).



    Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.



    Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.



    Sincerely,



    CIS Ombudsman





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  • chanduv23
    10-21 05:00 PM
    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.

    Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.





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  • rp0lol
    07-11 11:59 AM
    I read this in another thread... May be USCIS wants to collect more money for EAD renewals by moving eb2 date and issuing 1yr approval.

    ===========================
    Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?

    Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.



    How will USCIS decide whether to issue an EAD valid for one or two years?

    USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
    ==================



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  • Mouns
    04-30 04:57 PM
    look here at
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD


    "Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "

    It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.

    Let me help you here: the USCIS receive 2.5 million applications in july and august 2007 ('The surge'). For most of the ones who applied, I don't think we will see the dates move much in the near future... But I don't know so, keep the faith. Miracles are still possible





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  • cheg
    07-23 04:00 PM
    Thanks for the quick reply. So in my case since my husband doesn't have a RD yet for our I-485 then once we do get our RD, we can calculate that 2 yrs from that time we'll have our card ordered as well. :D :D :D I'm crossing my fingers!

    my PD Aug 2004
    RD Feb 2005
    eb3 india
    Last fingerprint in March 2007



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  • Green.Tech
    06-11 12:08 PM
    However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.

    ...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!





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  • mrdelhiite
    06-25 11:49 AM
    Got approved just now. Labor filed EB3 on 23rd Feb Govt job. Thinsg are moving ... Best of luck to all !!!

    -M



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  • desi485
    11-20 09:20 PM
    Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer

    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!





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  • sunofeast_gc
    07-23 06:15 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD :FEB 2005
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!

    Congratulation.



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  • jasmin45
    08-02 03:49 PM
    Ooops, i missed this in my original post. This is true for Nebraska service centre.
    I am not sure about the other service centre. Sorry dudes.
    This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.





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  • bpratap
    05-18 05:44 PM
    I was also under the impression that Bank need not ask for Immigration Docs as long as I have good credit history and PayStub to prove I can re-pay the loan, but they (GMAC) is asking for 3yr continuous VISA from the date of closing.

    The Loan Processing officer dont have any clue on VISA / Immigration procedure.

    please share ur experiences or advice on how to handle this situation


    Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.



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  • I_need_GC
    03-14 02:06 PM
    Thanks for you post about Canada Visit. You mentioned that one shouldn't say vacation for purpose of visit. What should we say then? My wife and I are going for Landing to Canada and people have posted that if you tell you landed as immigrant in Canada then Border Officers give you a hard time as well and some have even got RFE's from USCIS regarding their intent with US immigration process. So either way we are in trouble!

    Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(

    Also would you mind sharing what was your purpose of Visit?

    AP was created for people who had an emergency to travel outside the US while there I-485 was being processed. but over the years these processes have elapse and now take longer. So now the USCIS is more lenient in issuing APs but the law still is that its for emergency travel. Now if you come across an IO who is having a bad day and asks you your reason for travel and you say vacation well he has the authority to deny you entrance. The IO can refuse you entry if he feels somethings not right.

    While you have a I-485 pending trying to get Canadian landing papers in theory is a good idea but heres the problem you run in to. After get us green card or passport you take on any other nationality they don't like that. They consider it that you no longer want to be a US citizen now if you have previously held any other nationality like Indian by birth they are ok with that.

    So yes if you tell the IO you went there for Canadian landing papers and are traveling on AP its sounds like you no longer want to be a US citizen.

    In the past I have said visit family they are ok with that.

    My Canadian visit was for work purposes. my company has a sister office in Canada. so when they asked I said to temporarily work in Canada. they were happy with that.





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  • diptam
    09-26 02:34 PM
    I did that earlier ( banging on CM's door) in May 08 after my 140 was pending for 1 year... They said unless this is a emergency , they cant help at that point - however they helped me to get my H extension approval ( which was also pending for 5 months :( that time and I could have been out of status in another 3 months)

    This time i'm waiting for 17 months and the wall street financial crisis arrived. So i wrote to my Local Congressman and state Democrat Senator stating that " I could lose my job and even if there is a job available in the same state - i might have to relocate with my family or sit unemployed... However if 140 would have been approved On time - i could switch to another job quickly because no one is available or qualified to do that"

    I also mentioned them the issue of NSC approving cases from June - Nov 07 and some as late as 2008 in the Eb3 category and only Apr-May 07 cases are somehow shelved off ....

    here4gc- What was you Eb category and when did USCIS received your 140 and which center Nebraska or Texas ??

    Guys..I just recieved my I-140 approval..last week..shocked, surprised..but trust me..this works..hope some people remember about a similar campaign I had initiated a while back..I sent letters to Zoe Lofgren, Ombudsman, USCIS director and Ted Kennedy..apart from contacting my local congressman...

    Goodluck guys!!! I sincerely wish everybody speedy approvals!!!!!!



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  • gc_maine2
    07-19 02:06 PM
    Contributed $100 today, earlier contribution $50.

    Order Details - Jul 19, 2007 2:28 PM EDT
    Google Order #464374160968946





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  • red200
    12-10 07:27 PM
    I missed the july fiasco by 15 days. Atleast if we get the administrative fix to apply atleast 485. That would help us a lot, after labor if we are allowed to apply for 485 within a specific timeframe it would be nice.



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  • GC_Ven
    03-02 11:37 AM
    If anyone can post an update that would be great.





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  • snathan
    02-13 10:42 PM
    Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000



    I will. Thanks for rounding up.



    Whats the meaning of this...





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  • DDLMODES
    07-06 10:47 AM
    Hello DDL/DML,

    Please dont say anything against anyone without understanding the point.
    Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??

    My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.

    For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...

    Your/my opinion never stalled CIR - its american citizens who stalled it.

    Unless citizens see a good reason to overhaul USCIS process where the push would come from ??

    You want them to be accountable for the fast approval of the GC in June/July which means they need to revert the decision and give visas back.
    Isn't that the whole idea behind this discussion ?
    Otherwise, why would you point out that the process is broken when something good happens and they work faster ?

    You are questioning that they used up all the visas so they can make all categories available.

    Anti-immigrant I called you because you are using arguments that ONLY hurt us.





    RNGC
    06-24 03:04 PM
    Thanks...

    Here is an article on contribution of Legal Immigrants to Social Security:

    http://www.nfap.net/researchactivities/studies/SocialSecurityStudy2005.pdf


    RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.

    America stands to loose in many ways. Here is why..

    A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder�s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
    Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.

    Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
    This leads to reverse-brain drain phenomena who's effects to the economy are well documented.

    Here is couple of NFAP study about

    The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf

    Driving Jobs and innovation offshore:
    http://www.nfap.com/pdf/071206study.pdf

    Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.

    Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.

    EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.





    jimytomy
    04-11 08:15 PM
    @AllVNeedGCPC : Did you get any updates on your I-485 ?

    @gene77 : Any update on your REF ?

    Thanks!

    jimytomy



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