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  • mheggade
    08-01 01:07 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????

    Is it just your imagination or did you base this on any source.




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  • srini1976
    01-10 07:50 PM
    I heard yes. 20 employees were laid off on 13th Jan




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  • ilangocal
    04-07 10:41 AM
    Hi
    I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.

    Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.

    Please clarify. I am trying to understand this clearly.
    Thanks very much




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  • sac-r-ten
    03-29 01:03 PM
    Sorry about your situation. Its really sad with kids here. I would say submit whatever letter vendor's providing. If that doesn't work, then client needs to force the vendor/employer to give copy of the contract/SOW.

    hope you get its resolved soon and get back to your family.

    thank you.



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  • mdforgc
    05-19 04:48 AM
    I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points

    1. Be able to track ur application on USCIS website with the receipt number
    2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.




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  • anu_t
    07-20 10:10 PM
    I would definitely choose carreer over GC. Infact I myself did it.



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  • bfadlia
    11-30 10:48 AM
    you may try to send them other evidence of your language skills, presence, study, or work in the US, a letter of explanation, .. but there is no guarantee they'll accept this, especially if you gave yourself maximum points in the language skills. I know people who got their phd's in the US and they were still adked to do IELTS.
    But once they already asked you to take the test, you have to do it, they would suspect fraud if you don't
    I took the test, it's no big deal, not much preparation needed for people like us using English everyday at work.




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  • yanj
    12-14 11:58 AM
    I searched some ways to solve the GAP problem.

    Now I collect it and please correct it if I have some mistakes.

    GAP problem is a normal problem . So we can share our information about it

    to help each other.



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  • phillyag
    07-20 02:17 PM
    I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

    Yes, I believe you can apply for EAD yourself

    I believe one can travel on AP. For current employer EAD is only needed when I do not have H1 status.
    If i am correct.




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  • kirupa
    03-23 03:33 AM
    Hi SandeR2!
    Sorry about not having responded more clearly in your thread. Please create a new thread for each entry you want to submit. As long as one thread is associated with one entry, it makes linking to your entry easier for judging and all of that :)

    Cheers!
    Kirupa



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  • pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.




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  • martinvisalaw
    06-25 02:12 PM
    1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
    2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.

    any thoughts anyone?

    I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.



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  • WaldenPond
    02-24 11:57 AM
    Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..



    The main goal of IV is to bring an end to labor processing delay in the backlog center and I-485 retrogression. We have consistently mentioned this in all possible forums. This has been clearly mentioned on home page. And if there is anybody who has any doubt, could you please request them to please call at (281) 576-7185.

    I am beginning to realize that for some people who do not want to contribute, there will always be plenty of reasons and plenty of excuses not to participate & contribute. I think these people are the once who are actually responsible for the problems of all of us. Our problems do not originate in the slow GC process or the existing bad legislation. Our problems originate due to the people who are always looking for reasons to not participate or do anything or these people who are always looking for reasons to feel offended. And these people are sure doing a wonderful job because there will always be plenty of reasons to feel offended or not feel part of the group or not find enough motivation to feel part of the bigger community.

    Asking questions or requesting a specific item in the goals is one thing. People beating the drum of transparency �. That is no big deal either. Everybody is entitled for their opinion. But people watching from the sidelines or for the people who want to include agenda as Goals of the IV or for the people putting conditions to their contributions, here is what I have to say to you. I would sincerely request you to never visit Immigration Voice or any other immigration related forum or website. You guys are the real problem because you are the once helping to foster the current system by not participating in brining the change. At the end of the day, know that you are the real culprits not the system which will be shaped by the contribution of each of us.

    In last 2 weeks the contributions has really come down drastically. Everybody please note that we are running very low on the funds collection. All of us have two choices. One, contribute for this cause generously and lead the friends and acquaintances by example and tell them to do the same. Secondly, find reasons to not participate or not to contribute due to this, that or whatever �. The choice is entirely yours. But with your choice also understand whether you are being part of the solution or part of the problem. And whatever you do (including posting negative messages), I would sincerely request everybody to ask yourself one question, whether you (or your post) are strengthening or weakening this effort.

    I would like to request all the members who have not yet contributed to please contribute generously. Please put your money where your mouth is. This effort or any similar effort for that matter cannot do much without the necessary funds that only come in the form of contributions from its members. And for those of us who have already contributed in the past, its time to please contribute more and help to fuel this effort.

    This is not just about the life of the people who started this effort or the core/active members who have taken the initiative and responsibility. This is about all of us whether or not you feel part of it or not. It doesn�t make any difference how you feel about the situation or state of affairs. Why? Because this will be over very soon. And for the people who want to continue to ponder over this idea of whether or not they have a sense of belonging to IV, I would sincerely request you to please understand and know that by any contribution to this effort, you are strengthening your our voices. Know that this is not about anybody else but you.




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  • mrdelhiite
    07-10 03:19 PM
    sent i140 PP on thursday 28th june reached on 29th june (friday) approval letter received on 3rd Tuesday.

    -M



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  • ssa
    10-30 12:40 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.




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  • tinku01
    07-15 03:10 PM
    MY PD is June 2004 at Delhi consulate. Lets see what happens. Hey any one could update about PCC (Police Clearance Certificate). if my date becomes current in Aug then would not have time to go to any US consulate to get the PCC.

    In this case how we should get the PCC for consular processing:cool:



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  • logiclife
    12-01 04:44 PM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.




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  • akhilmahajan
    11-15 08:15 AM
    New England (MA, ME, NH, RI, VT) folks come forward and lets plan out meeting the lawmakers.

    What u say folks? This is the right time to act.

    GO IV GO. TOGETHER WE CAN.




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  • immigrationvoice1
    12-09 10:00 PM
    I know many people who're going for part-time MBA, including myself. A good way of making best out of a stagnant career phase while waiting for GC.

    Please post the URL of the school you are attending.
    Thanks,




    hopefulgc
    08-21 11:26 AM
    Man, I lost my patience with them long back.
    My case is NSC-EAC-NSC
    I keep a log of anything "useful" I am told every time I speak to them. And usually, the first few mins are wasted in them giving me wrong info, me telling them what they told me last time and them finally agreeing with it after re-checking their screens.


    btw .. it is indeed super-frustrating and unacceptable they way they are bouncing your case around.
    Why is USCIS forgetting that we are paying for their third grade services?




    I broke my politeness today.USCIS inconsistency broke the limits for me.

    My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.

    I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.

    I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.

    Lady: How could you have ever called CSC because their phone numbers are not public
    Me: I called the same number and for some reason it got transferred to CSC.
    Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
    Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
    Lady: Can you please hold for a moment.
    After hold:
    Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
    Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
    Lady: Sir, we cannot tell you the reason why do we transfers
    Me: But you have already told me the reason in the written notice as "To speed up processing"
    Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
    Me: I hang up the phone.




    GCchakravyuh
    07-13 11:43 AM
    Dressing up professional makes utmost sense. Afterall they are dealing with 'professional legal immigrants' , not the illegal ones.

    So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.



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