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  • my letters are on the way GO IV GO...





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  • From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

    In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo’s require that I485’s should not be denied based on that – provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID – again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo’s for whatever the reasons.

    Obviously this will have a very bad impact on us – in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

    After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

    I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent – all you have to do is download following 4 google documents – add the date, your name and address – and send it to the address provided on each letter.

    http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

    http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

    http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

    http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

    To reiterate: You have to send 4 letters – these letters can be downloaded at the above URL’s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
    http://immigrationvoice.org/forum/showthread.php?t=21716

    To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

    Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.





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  • Not only the laptop but all your personal items such as purse, camera etc. BOYCOTT UK. These people are racist.

    In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.

    Boycott UK!!





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  • My immigration doctor told me that if i had chickenpox in childhood i do not need the varicella vaccine? Which i did at age 5. Please, let me know if anyone else was told the same , i will be going back to him on Wednesday for the physical exam. I don't want to get a RFE on that.

    If you had chickenpox in childhood, you have to show a letter. you no need to take varicella Vaccine. But my situation I had chikenpox in childhood, when i went to immigraiton doctor , i dint tell that i had chickenpox in childhood. Doctor told me to take Varicella Vaccine. I took that one.





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  • Got an InfoPass scheduled, and created a SR. This is taking way too long, and now April + May approvals are rolling in...

    jazz

    Can someone please post the steps to open an SR and get an Infopass? I may have a biometrics appointment coming up soon. Can they help with application status questions?

    TIA





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  • Finally, We got this email from USCIS. It was a looooong wait, but finally its hear.

    For all those who are in line - just hang in there - it will happen.

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRCXXXXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Post Decision Activity

    On September 10, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.





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  • NEED HELP!!! what are my options?

    I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.

    I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).

    The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:

    1. Is any one in similar situation?
    2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
    3. if my employer were to file a PERM labor application--can I port my previous priority date?

    Mohican

    As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?

    To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.





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  • Starting this thread to discuss bills and proposals for 2006. Open for public.

    The dabate will help formulate strategies.





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  • Source:
    http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723

    Delay In The Age Of Security - Employee Green Card Woes

    Geoffrey Forney
    WolfBlock
    Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.

    Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.

    Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.

    What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?

    Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.

    The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.

    Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.

    As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.

    Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.


    (Part 2 in the next post below)





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  • My H1b1 extension petition was approved in October first week.

    hmm.. so this is very recent approval (just 3 months back). i know there are cases which are approved long back and they are also stuck in PIMS but we don't know their service center.. in your case we know that WAC with october 2007 approval is getting stuck..

    is there any one with WAC receipt number and approval after October 2007?? if there is anyone please post your details...





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  • SMITHA:
    You said
    "Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??"
    My answer:
    This is not about forcing USCIS into doing anything. The sole purpose of this is to bring awareness in mainstream media(and in doing so the american public) to the need of reform in american immigration system for skilled migrants. Immigration reform is not just reforming illegal immigration but this is one of our chances to put focus on legal employment-based immigration.

    You also said
    "My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???"
    My answer:
    Why should I be embarrassed about protesting how sheer incompenet USCIS/DOS decision making is on this visa bulletin fiasco? about how my tax dollars and my application fees are spent by these departments?
    Infact for people to be coming out of thier little cubicles to protest on something they feel is injustice says something about how embarrassed the government bodies should be about thier failure in doing their job. I have no shame in expressing an injustice done to me.

    You also said
    "Exactly that is now 2006-2007 PD guys are expecting to happen a miracle, right? I mean, apply 485,EAD ASAP."
    My answer:
    My PD is Jan 2006(been living here since 99). When Visa bulletin became current, my only expectation from it is that my wife can start working on EAD. I don't think anyone who was planning to apply for 485/EAD/AP based on the old july bulletin realistically expected that they would get their greencard in few months. This outrage is only that USCIS/DOS couldn't keep their house clean in how to solve the unused visa numbers and insensitively moved the dates forward and then backward causing emotional strees and hole in our bank balances. They did us wrong and might do it again.



    For your information

    Smitha
    EB2 India
    PD-2005-May
    I140 approved-Sept 2006

    I have MS in EE from US and working since 2001,filed my GC in 2005 May(PERM).

    However can you please tell me anyone who got GC in Eb2/Eb3(India) in 1-2 yr in the last 15 yrs?
    Exactly that is now 2006-2007 PD guys are expecting to happen a miracle, right? I mean, apply 485,EAD ASAP.

    If you guys really care about 2002-2003-2004 guys, then please please wait for OCT 07 bulletin and after that you can do anything you want. If they will retrogress the dates, then please fight but not before that.

    This is just a suggestion. If you like follow it, otherwise ignore.





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  • Please call them every hours.. USCIS is full morons!!

    I am a July 2nd files, they told me to call on the 3rd of October. (I don't know what is the logic to calculate 90 days at the USCIS). I am trying to make the attorney call that day. May be she will have more luck. :confused:





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  • I don't want to start a thread to post this.

    This is not about calling India unlimited.

    But calling USA unlimited. Only $100 for life. No annual fee.

    No PC required. Not like Majic Jack.

    Many features.
    READ.
    https://www.tk6000.com/





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  • Just posted letters





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  • i got my 'decision' email on 10th. But after that nothing. No CPO email/No welcome email/ No LUD.
    I am hoping that they didn't let my case 'drop through cracks'. Considering USCIS's way of working I wouldn't be surprised. Will give a week or two more.

    You got it right.

    They have thier own of operation. My CPO status was registered on Aug 5th. I got CPO email the next day. Then on August 12 it went back to post decision activity. I got the approval or welcome mail (snail) on August 12th itself. After that there is not change or update. All we can do is to sit back and wait for little bit more.





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  • See the url below.

    http://www.informationweek.com/news/global-cio/training/showArticle.jhtml?articleID=215900774&subSection=H1B

    I don't give a damn what your epics say or what you practice in India. All I pointed out was teh corruption in India pointed out by international agencies compared to western democracies.

    Oh there is no corruption in western democracies. :) LOL

    Iraq war had no corruption
    Halliburton deal had no corruption,
    AIG had no corruption, BOA , Citi had no corruption.
    Lobbying had no corruption
    The texas cops who took money were not corrupt.
    Abu Ghraib was very morally correct.
    Blackwater was a very level headed company.

    Did all this happen in some communist eastern state?





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  • Type in congressman your city name in google or yahoo search. It will give you various names for your senator and congressmen. Call them and give them your name FN LN, DOB, Alien number and fedex / delivery tracking mnumber. They will call you back with relevant information.
    Goodluck

    this is a draft I used to email my inquiries. Hope this helps.
    ------------------

    Regarding: Inquiry/status for I-485 AOS application sent to USCIS, Nebraska Service Center on July 2nd 2007 [FedEx Tracking No. xxxx - Recd. by Mr. J. Barrett NSC At 10.25am on July 2nd]

    Dear Mr. Assistant Chief,

    My Adjustment of status application [I-485,I-765 and I-131] based on EB3 RIR category, was delivered to Department of Homeland Security, USCIS, Nebraska Service Center, Lincoln, NE on July 2nd 2007. It was received in the mailroom at 10.25am (reference : FedEx tracking number xxxxx).

    USCIS website says NSC are working with August 2007 received AOS applications. However, I haven't heard any sort of communication pertaining to my pending application with USCIS. USCIS Customer Service would not pull up my application information in the system yet. Seems like USCIS is either not following the First in First out (FIFO) process for sure or the figures are misleading.

    Details as provided below:

    Name of Applicant: Name xxx
    �A� Number of Applicant: A 088 xxx xxx
    Date of Birth: xxx
    FedEx Tracking No: (whatever is your tracking number)

    I would greatly appreciate if your office can help me to track and process my AOS application delivered to NSC on July 2nd 2007. Please feel free to contact me at (xxx) xxxx for any additional information.


    Thanks and Best Regards,





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  • Jeez,

    This guy has moved from an anti H1 visa platform to an anti-India platform. This is bordering on racism. And no one saying anything. Wonder what all this is leading to.

    People must remember that all of them are immigrants or descendants of immigrants.





    Last week visas moved from U to C ( you see....);)
    This week it was CIR(cus):D
    Next week visas will move from C to U ( see you)::mad:





    I believe my green card application has been approved. Just wanted to share the news...

    Decision
    On September 14, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.



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