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LOL...

This reminds me:

Car = $30,000
iPhone = $200
House = $450,000
Icecream = $2.50
TV = $500

There are some things money CAN buy, For everything else, there's GREEN CARD
(i don't know what everything else is though...LOL)


To add a few more conditions to the aforesaid situation...

This is 2008.. Both JE and MBA are thinking that they will get their GC in 2009...

Meanwhile they start arguing.. and many like them join their verbal-struggle..
Because of this, IV community is divided.. Earlier only 200 people used to respond to action items .. now because of the rift only 100 do... this weakens the momentum that the campaign had..

Meanwhile, NumbersUSA et all increased their efforts..
Anti-immigration forces are united and under their pressure all the EB relief bills fail...

Election is close USCIS shifts the focus to FB visas..
EB backlog, retrogression goes up..

JE and MBA still fighting their verbal fight... in same line.. still fighting with words... with few more years added to their wait-time.

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You are absolutely right. We visit Mr Oh's website several times a day to get the latest on immigration. We should credit him for being the first in alerting us about everything. If in fact USCIS comes up with a statement rejecting all aplpications filed after a certain date, I'm sure there would be thousands who would be saved by Mr. Oh's timely warning.



I dont know why everybody started to spit on ohio law firm. They just pointed out some news that they got from AILA, right? Lets hope its just a rumor and USCIS doesn't proceed with this revised thing. I am pretty sure that wont happen. Dont worry guys, but dont blame everything on ohio firm. I saw this on several other law firms too.

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I received my Green Cards (mine and my family's).

PD : Dec 30 2001
State Labor approved : Nov 2002
Federal Labor approved : Oct 2006
I 140 Approved : Feb 2007
I 485 Filed : July 2007
485 Receipt Date : Sep 2007
CPO Status Changed : August 5th, 2010
CPO Email : August 6th, 2010
Welcome Notice : August 12th, 2010
Received Green Cards : August 16th, 2010

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though you are processing through consular processing, can you please verify if you have any reasons ( birth country, spouse birth country) etc.. To get charged against a category that is current now. If so, it is business as usual, else not sure.. You just got lucky your case is approved, but again .. With pre-adjudication, etc.. We never know.. Anything requested from uscis, do respond in time.... on the other hand makes me wonder, if the eb2 dates can really advance that much ???? Significant forward movement based on other thread... Anyway good luck.

:d

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I guess everybody should support Rolling and Sunny because this initative will create an opening for all other immigration issues.
Everyone waiting for years to get their GC has a real reason to think why USCIS didn't do their job right.
I would say if Sunny and Rolling stone really file a lawsuit, it is like they turning the spotlight on USCIS and from there the rest us can work to bring more light to the bigger issues with USCIS

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The Ad says for client IBM Federal. Looks like might be for some federal projects that requries US Citizens. They could have mentioned need US Citizens with clearance, or people elligible to apply for clearance. May be the choice of words wasn't good... Regardless, this could occur more too... if the economy does not improve. Anyway, I think IBM should not have any problem with EAD and they themselves do sponsor GC, etc..

Hmmm - not sure because, if the job requires that someone must have security clearance - the job must clearly mention that someone with security clearance is needed. What is the point in hiring a citizen without security clearance (unless they want you to get clearance aftewr hiring)

Non discriminatory postings look like this
(1) Authorized to work in US for any employer
(2) Requires a security clearance

One cannot specifically say - I don't want EAD or GC or I want only Citizens.

Desi3933 and other knowledgable folks out here - please write your comments. I hope I am not worng.

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Hi All-
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.

Thanks in advance.


From http://www.immigration-law.com/

05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions

USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.

http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf

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What was the LUD you received on Sep 17th? I got the same msg on 09/09, but nothing after that. Is your online status changed to card production?
There is no message. Just a soft update on the date. I just called USCIS and no news was disclosed and asked to wait for another 30 days for response.

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It should not matter when you file as long as your priority date is available when you file - and of course you need to be in the country when you file it (to be on safest - i would be in the country on receipt date until I get my receipt notice).

Having said that, I am not sure until when June VB will effective. I mean I do not know when July VB dates will take effect. Probably someone else can clarify this.

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The guy has sent you a generic form letter. I dont want to discourage or disppoint you and I thank you for your effort. What you did was good. What I am saying is that he probably didnt read that you are not talking about illegal immigration and borders etc. but the backlogs in the "Legal" variety.

But he just sent our a generic letter that can be used for all people writing about immigration.

--logiclife.

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Most of what Hunter has said is not wrong. Exploitation and malpractices by small/big consulting companies is a reality.
But then there are other things that he is simply stereotyping because of personal impact and resulting hatred. Generally implying that foreign workers are crap and cause wage depression isn't true. Wages in IT industry are destined to go down with time because of

Thank you for admitting most of what I stated here true. Actually all of what I stated here as �skills� are based on my experience in IT management over the last decade. If you suddenly found my post to be stereo typing, you were blind to the stereotypes propagated in this forum for a long time.


With regard to quality of professionals overall I don't see a marked difference between American and non-American workers. Moreover, I don't think that employers will employ substandard labor just because they are marginally cheap, because it turns out to be more expensive. In all the cases that H1-B and L1 pocket less money than their counterparts the booty goes to middlemen(both Indian and American bodyshps) and not the companies that ultimately use their skills.

You are wrong here. Do you know that companies like TCS/INFY/Wipro offer �blended rates� in the range of $20+/hr for keeping over 70% of staff offshore? Client directly benefits here. I have seen hypocritical companies that took tax benefits from local governments like cities and counties (which came at the expense of property taxes paid by residents of those localities) for job creation and then turned around and outsourced the very same jobs that they were supposed to create to TCS/Wipro/INFY etc., often dismissing the existing contractor pool/employees which involved people of all nationalities including H1-b workers like �TN Man� who couldn�t compete with the $30+ rates for the on-shore workers even if something was available from these vendors. Now to dump people at $30/hr rate, even though talent is locally available - like "TN Man", these vendors will abuse H1 and L1 by securing as many of these visas as they can( which were intended to bring the best and the brightest for american companies), causing Bill Gates to advocate for unlimited H1-bs when in reality, what he needs is a few thousand H1-bs which should be available in normal circumstances, had these companies not been poaching those visas.

So these offshore companies circumvented the prevailing wages through an industrial practice that should be considered �dumping�, where they dumped green-horns for the greedy clients, because the green-horns don�t have to go through any interviews in exchange of the very low rates. In this case, the people dismissed from the company/contractors were a lot more skilled, yet managers like me would be forced to start from scratch with the new pool, often resulting in delays for strategic initiatives at these companies, but the bean counters at the top never care, since their horizon is the next quarterly earning release, not what the company would do 2 years down the line (and some of these companies are the culprits behind financial crisis today with their very myopic thinking, just a sample was illustrated above)

The only jobs that were created in those localities due to such corporations in exchange for tax credits often were Indian Grocery shops opening in that locality to cater to those folks from offshore vendors. :D BTW, I don't have anything against them, I like Indian food.

I have worked with companies where I managed a 50+ member team to execute a project which at another company employing local workforce may have been done with a 12-15 person team (I have managed it both ways and hence I know that as a fact). Now the company employing the 50+ member team will often massage the numbers to show that they saved $x differential per person* 50 for the bean counters and would have secured bonuses for the higher ups because of those paper savings.

Now I think as a result of people like me interacting with US law-makers, they are getting the true picture of the abuse going on with the current processes. I understand many of you here are concerned about your own career and eventually settling in US, but once you become a permanent resident or US Citizen, you are going to face the same realities. I have seen Indian-americans who went through the GC/Citizenship process becoming some of the the fiercest critics of the current system, because (like "TN Man"), their livelihoods also are threatened by the current process. They suddenly understand that it has nothing to do with the so-called "skill" or "talent" shortage, it has everything to do with what your hourly billing rate is.

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What is I-94# is it the number on I-94 no. attached 797 form or arrival i-94 card(white) no? And what is nonimmigrant visa number? guys please help am filling 485 form.

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Lets just do that..cmon guys ..unity is strength.. the Brits should know that! if not lets remind them..
It is not good disparaging the countries needing TV by calling them idiotic and asking for boycott etc. Please know that you are living in a country (USA) which is far worse than those "idiotic" countries in this respect since 2003. US needs C1 visa for transiting through its airports even when you have a valid VISA stamp in your passport to a destination country and you need to fill eqaully gruelling application (DS 156). Also you need to carry documents for travel purposes and financial support.

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Fedex recived by J Barret on 10:25 am.

I know few frinds of mine who were July 2nd filers too got their receipts last week on Monday.

So nobody knows whats going on whereas I have heard even August filers are getting receipts too.

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Hi guys,
How long does it take to receive RFE letter by mail? Can we get a copy of RFE letter at the InfoPass appointment. I don't have patience anymore to wait. At least they can tell us what the RFE is about on the phone. These guys are trying my patience.

Did you also get RFE? Don't worry dude, you have waited so long, few more USCIS's hurdles to go. Good Luck.

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Part 2 continued....


USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.

The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).

None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).

The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.

Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .

With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.

Please email the author at gforney@wolfblock.com with questions about this article.

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cases that doesn't get approved together in a family takes longer...

SoP

Why do you think so...coz I'm in that state. My spouse who is the primary applicant got the card and my application is still in review ???

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Its good to hear from ppl that they got an Yellow form from Infopass etc... I have been to San Jose USCIS office multiple times asking for status.... I just don't receive any concrete information from them...Infact, they are even hesitant to create an SR to request an update...

Any one else visited San Jose USCIS office? Similar experience, please share it with us...

and What do u mean by stating that 485 is at local USCIS office? All 485 applications will b at either NSC or TSC, rite?

I had an SR open for which i got the response as wait for 60-90 days and case is in the process of review.

I went to Infopass (San Jose) twice and both times they said, i need to wait as your case just needs to get picked up for processing and every thing else looks ok...

Called the NCSC and they also tell me to wait for 30-60 days....


What other things can we do to actually get our case picked up?


hI,
My case was at local office for interview and transferred from TSC. If your case is at TSC..Please dont waste time by taking infopass. Only way for you to raise SR is to call i-800 number and request them to create SR. Infopass officers usually does not creates SRs.

Thanks

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I also did send a second set on August 16th.For me and family we have already got EADs,AP and AOS receipts and are all finger printed.
I have also requested stop payments on the August checks,and had addressed"not to be opened in Mailroom-for Center Director" Explained to disregard the second set if my earlier filing on July2nd has already been accepted for processing.So far no further info.Will keep fingers crossed and see what happens!

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we got approval on our I-485 (PD Jan,2006).
I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.

Thanks and best wishes for those who are in the sprocess.

Ram.


Let me say congrats first.

Why it took upto October in your case?

Mine is April 06- EB2 india. Got RFE. and answered on 29 sep( Received by uscis - 30 Sep) .
When we can I expect approval?

Do you can suggest any thing?

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The guy has sent you a generic form letter. I dont want to discourage or disppoint you and I thank you for your effort. What you did was good. What I am saying is that he probably didnt read that you are not talking about illegal immigration and borders etc. but the backlogs in the "Legal" variety.

But he just sent our a generic letter that can be used for all people writing about immigration.

--logiclife.

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