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  • Please keep writing. As many posters already pointed out - economy is getting worse and changing job may become a necessity to many of us. We cannot afford to jeopardize our green card process - if our old employer withdraws I140. Our only way is to raise and get enough attention to this issue so something is done quickly before it becomes a norm.

    (I dont mean to start a ticker here on economy but following events in the recent past speak for themselves. Bankruptcies: Circuit City, LinenNThings, LehmanBrothers. Restructuring/Layoffs: AIG, MerrilLynch, Yahoo, Nortel, Cadence, eBay, Nokia, etc. Official Hiring freeze: Cisco, etc. Unoffical hiring freeze: Google (in many divisions) and a lot of medium sized companies) Look an active ticker at: http://news.cnet.com/tech-layoffs/





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  • I received a response from the ombudsman. I am not sure if our issue is properly understood by his office. When we write about AC21 issues, the response talks about I-140 delays. Gurus, please help me understand the contents of the response below:

    Dear xxxxxxxxx:

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.



    Generally, we do not accept case problems presented by emails. 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/). If you have an individual case problem, please follow the instructions outlined at the website.



    I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS� practices and procedures.



    Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.



    Office of the Ombudsman

    Lets continue to do what we are doing. It is very essential that all of us participate in this campaign to make it a success.





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  • I see soft LUD on my 485 today, but the status has not changed. I had an interview in Jan 2009 and at the end of interview the IO told me that he could not approve my case as it was not current. So I believe my case is pre-adjudicated?

    Someone in the same boat? Hopefully the approval e-mail comes in the next few hours or next week. <<fingers crossed>>

    Do you get emails when you get soft LUDs ?





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  • I am going for concurrent 140 & 485. Can I apply for EAD and AP now? or do I need to have my 140 cleared before I can apply for EAD and AP?
    Hi Guys,
    I am also in the same situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.
    I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485.
    I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file
    EAD and AP even though the priority dates are not current.

    I would appreciate the answers.
    Thanks





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  • Thanks for the comments...I'll personally come and see you off at the airport when you are ready to leave. I gusess you have your bags packed already.
    Just so you know we are not begging for GC we've earned it.
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    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???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

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





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  • This is the email I got.

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

    Your Case Status: Post Decision Activity

    On August 19, 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.

    There is no change in my wife's 485 status. But her EAD is approved. There is no mention of card production in the email. Looks like lot of people got the CPO email directly with post decision activity. Can somebody confirm the sequence in which it happens? How long does it take for the card to arrive? How long will it take for my wife's 485?

    'Notice sent' under 'decision' activity - Most likely means they mailed you welcome notice...
    'Notice sent' under 'post decision' activity - Most likely means they mailed you the card...





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  • I am also stuck in PIMS.. here are my details

    H1 renewal and change of employer
    H1 approved in March 2007
    Service center: WAC

    Visa appointment on Feb 11 at mumbai
    Documents submitted to VFS on Jan 28

    On feb 11 I went to consulate and it was a long wait.. overall it took 3 hours to finish everything. When I went inside they handed over my application to me and I noticed that "Not in" was written on my DS156 form on top right corner box. here is the communication with IO

    IO: so you are working for xyz company.
    me: yes
    IO: what are you doing for them
    me: explained my role and skills
    IO: are you working inhouse or at client place
    me: gave client name and details
    IO: till which date you are going to work for this client
    me: gave details
    IO: everything looks fine in your case but similar to what I have told everyone else due to the new system we need to verify your data and it will take about a week for that. (and then he wrote PIMS on my form)
    me: I have a return ticket on so and so date...... can I expect before that.
    IO: your case is pending only for the online verification unlike other administrative processing so it should take about a week so you should be fine.

    he then gave passport back with some envelop and also one yellow paper by selecting following option in that paper

    "when administrative processing is completed on your case, you will be contacted and requested to submit your passport, this letter and the accompanying envelope to the nearest VFS office."

    though he selected this option, he specifically wrote PIMS on my form.

    Note that PIMS problem was there for lot of cases on that day as he explicitly told me that he had to do this for lot of cases.





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  • I think this is an opening and the outcome will depend on how we respond to it.

    We are in the middle of a fight to get recognised of our problems and for sure the director responded to our non-violent protest.

    What we do next will count.

    Should we lay down our arms a surrender now? This will be a sign of weakness. Lets fight on.


    Why is everybody so happy? He has just briefly and curtly informed in the message that flowers will be forwarded. They won't be sitting on my desk and embarrasing me. There is no acknowledgement of the issue or any empathy or compassion with the sufferers. Now even the press coverage will make USCIS director look good. I don't see what's the positive development here.





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  • I Am Sure This Has Been Answered Many Times, But I Have Not Been Able To Find Any Information About This.

    As A Consultant, One Has To Travel To Different Places For Different Projects.

    So What Happens To His/her Gc Process.

    What I Have Been Reading Here Is That The Place U Get Your Labor/i140 Cleared And If U Move U Have To Get It Again.

    I Am Novice In This Area And I Hope I Am Asking The Right Question.

    I Will Really Appreciate If Someone Could Shed Some Light On This Issue.

    Regards





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  • In the process of calling all of them. Gone through a few already. Come on people it is really easy and effective.





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  • Biographic Information. Please read the form and the instructions in the www.uscis.gov (http://www.uscis.gov)web site. Good night.

    Why do we need 325A?- i thought this was for people in illegal status. Our son entered the US on valid H4 visa. Also do we need to request in application to attach the file to mother or anything like that. I will give the USCIS a call and share that information here if I find anything more.

    thanks
    krishna





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  • Got a reply back just now

    My mail to Capital One after getting the initial response:

    Craig,

    Thank you for the reply.

    I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.

    Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?

    Response that I received for the above email:

    Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.

    Best Regards,

    Craig

    Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.

    After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).





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  • If you visit this website, you can read Obama's policies on legal Immigration reform. It looks like Obama and Joe Biden plan to fix the legal immigration system and improve processing speed due to bureaucratic delays. He also introduced the legislation to speed up FBI background checks.

    Source: http://www.barackobama.com/issues/immigration/





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  • congrats.....

    Nrk,
    Looks like you were on a roll congratulating a lot of folks :D
    Thanks bud

    Cheer





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  • http://www.nap.edu/books/0309096138/html
    http://www.iacfpa.org/





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  • You are doing the right thing. Fraud should be stopped. On top of that, it is directly affecting you and you have even more compelling reasons to take action against it. Good luck and keep us posted.
    Posting the follow-up process you went through would help most other members who have been giving you overwhelming greens :rolleyes: take some action as well...





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  • Hi,

    Maybe this qn. was answered before. Tried to look for answers. But was not lucky to find the exact answer. Also, my qn seems a bit out of context w.r.t this thread (I dont even know how to start a thread).

    Anyways, my qn is:

    If one starts actually using his/her EAD via (eVerify or signing I-9 form), then how will the USCIS know that he/she is on EAD and not on H1B anymore? As per the link below, the I-9 form stays with the employer and shouldn't be submitted to the USCIS.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    So, how does USCIS know that u are on EAD? Is it via payroll? Also, can ADP still run payroll even if one's H1B has expired? I'm just trying to find how does the H1B get invalidated as soon as EAD is used. Where is the link between the two?

    My situation is...my H1B is expiring on April 24th. I've asked my employer to do an h1b extension (as its safer). But he's kinda unwilling to do that. So, as a worst case scenario if he asks me to use EAD only, then I'd be forced to use it. So, how will the USCIS know about that? Lets say, I use it on April 15th. Then will my H1B inactivated starting April 15th? Where and how is it recorded? Just curious.

    Thanks a lot!
    D-E-D

    USCIS would not come to know and does not care to know. USCIS knows that it has issued an EAD to you, Now whether you use for a job , do not use or open the locked door with it, it does not care. Yes, while processing 485 if it generates RFE then depending upon the nature of RFE if your new employer is contacted for employment proof, perhaps USCIS may know that you are really using it.





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  • Posted by the Washington Post
    WashBiz Blog

    The Gandhi Protest

    Several readers commented on a posting earlier this week about 200 skilled immigrants from India who tried a Gandhi-like tactic and sent flowers to the government's immigration director for help in moving their green card applications along. The U.S. Citizenship and Immigration Services forwarded the flowers to soldiers recovering at Walter Reed Army Medical Hospital, saying it understood the intent of gesture.

    Here's a sample:

    "I wonder if USCIS really understood why the flowers were sent. It was a symbolic protest by legal immigrants AGAINST the way USCIS treated them. How could they send it in the 'same spirit' to soldiers whom we all empathize with?"
    .....
    "What an inspirational act. Too bad the message did seem to have gotten lost in translation. Just imagine what would have happened in WWII if the US would have turned away the immigrating sciencists and engineers. How come some 50 years later, the US is struggling to see the value of inviting the world's best and brightest to immigrate here."
    .....
    "I'm sorry that these people were tricked into coming to America with the promise of a welcome and eventually a Green Card. The fact is that H1-B immigrants were brought here in order to replace US workers."
    .....
    "Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    "Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    "An American way of fighting injustice 'A law suit' is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which caused this embarrassing flower campaign against them.

    "It's amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Lord Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about."

    By Dan Beyers | July 13, 2007; 6:00 AM ET

    http://blog.washingtonpost.com/washbizblog/2007/07/protesting_by_sending_flowers.html





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  • Contact pd_reacpturing immediately.

    My I140 is approved and I am a July07 filer of 485. In July08 I moved to self-employment after consulting a good lawyer. Now my previous employer withdrawn I 140 and today I got 485 denial notice. I didnot filed AC21 as lawyer told it is optional.. :mad:





    You don't need A# number from I140.
    When you give First name, last name and birth date. They can pull all your immigration applications submitted previously. If you have I140 approved that will show them in database.





    My 485 is pending in NSC where should I file for my EAD and AP?
    What PO.box number should I use?

    thanks,
    485_spouse



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