
Please keep on contacting your congress rep/senator and others. Today FAQ is also out from USCIS. I think, USCIS is started getting some heat and pressure is working. keep it up. :)
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Nope Z
It was in NJ... atleast for me it was hopeless visit
It was in NJ... atleast for me it was hopeless visit

my 485 was filed during Aug 2007 , i had EAD as well that i never used.(EB3)
i joined another firm and started off fresh using old PD, and EB2, which got ported
I had 2 RFE on my prior 485 FOR medicals and EVL. that i answered ( company didnt had issues as long as i was paying for it)
now How do i get my prior 485 to be merged, since its not an easy case, my new firm isnt willing to do so, can i raise SR/IO and try it? is it worth it
Have you asked your lawyer? Check with your lawyer first as you say it is a little complicated. You don't want to mess up this late in the process.....
i joined another firm and started off fresh using old PD, and EB2, which got ported
I had 2 RFE on my prior 485 FOR medicals and EVL. that i answered ( company didnt had issues as long as i was paying for it)
now How do i get my prior 485 to be merged, since its not an easy case, my new firm isnt willing to do so, can i raise SR/IO and try it? is it worth it
Have you asked your lawyer? Check with your lawyer first as you say it is a little complicated. You don't want to mess up this late in the process.....
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Does anyone have 140 approved from TSC, and 485 "receipted" from NSC (i.e., LIN number, without this being transferred to TSC)?

Thanks Factoryman
There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006.
The law comes actually down to the following two rules:
(1) horizontal spill if visas available
(2) vertical spill for visas not required
The language in (2) is much stronger. A visa number that is still available cannot be required at the same time. So one could argue that DOS is now misinterpreting the law.
The law comes actually down to the following two rules:
(1) horizontal spill if visas available
(2) vertical spill for visas not required
The language in (2) is much stronger. A visa number that is still available cannot be required at the same time. So one could argue that DOS is now misinterpreting the law.

I read in another forum that US consulate in Canada is actually asking to fill out some PIMS form available on their website. Also you need to fax your documents 1 week prior to your appointment.
Can anyone confirm this? Man, I wish this could be the case in India also. :confused:
Can anyone confirm this? Man, I wish this could be the case in India also. :confused:
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Interesting policy. A lot of companies do not sponser H1b and GC because of the woes, costs and hastles associated with it, though they would love to hire the right kind of candidate. But this company is ready to pass the right candidate just because they have to provide a letter?
Chandu,
We dont really know what their real apprehensions are behind not interested in hiring an EAD person..
It could be that
-- They had bad experiences in past with EAD people going out of status due to delays in EAD renewal
-- They have an impression that EAD people or like cats on walls...you never know when they will jump ship !
-- They dont have nor dont want to invest in having some kind of immigration expert in the company to help out employees. And feel (probably mistakenly) that taking on an EAD person, means to have to support him more than merely providing an emp. letter when required.
-- May (mistakenly) be assuming that once the EAD guy gets GC he would have to quit and join the original GC sponsoring company etc
But to simply cover their a88e8 they might put up a facade of "not interested in any kind of sponsoring--including providing proofs of employment etc when needed"
Chandu,
We dont really know what their real apprehensions are behind not interested in hiring an EAD person..
It could be that
-- They had bad experiences in past with EAD people going out of status due to delays in EAD renewal
-- They have an impression that EAD people or like cats on walls...you never know when they will jump ship !
-- They dont have nor dont want to invest in having some kind of immigration expert in the company to help out employees. And feel (probably mistakenly) that taking on an EAD person, means to have to support him more than merely providing an emp. letter when required.
-- May (mistakenly) be assuming that once the EAD guy gets GC he would have to quit and join the original GC sponsoring company etc
But to simply cover their a88e8 they might put up a facade of "not interested in any kind of sponsoring--including providing proofs of employment etc when needed"

I assume others have got this too...please share next steps. I assume MTR is one of them. I have attached the jpeg file.
What happens after sending letters to the ombudsman?
Is it necessary to have MTR before sending to ombudsman?
Mohican
What happens after sending letters to the ombudsman?
Is it necessary to have MTR before sending to ombudsman?
Mohican
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Easy for you to say as u already got your green card.
If Aman had worried about only himself then there would have been no IV. Start thinking for whole EB community. Change your "I" comes before "WE" attitude, help the whole community and help yourself. Anyway, good luck on your law suit.
If Aman had worried about only himself then there would have been no IV. Start thinking for whole EB community. Change your "I" comes before "WE" attitude, help the whole community and help yourself. Anyway, good luck on your law suit.

Yes, everyone is helping with some advice and help in this crucial time is indespensible. Kindly continue to support the community that allows us the opportunity to share our view and thoughts in a common place....
Thx to IV.
Thx to IV.
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Sorry couldnt' help it.
couldn't
Sorry, couldn't help it either :p
Sorry couldnt' help it.
couldn't
Sorry, couldn't help it either :p
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Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
if a change in interpretation is done intentionally, then USCIS admits they were allotting visas incorrectly during the previous years...if it were a public company, lawyers would be climbing over one another to file a class action suit...unfortunately all we can do is write letters, make phone calls and pray :rolleyes:
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
if a change in interpretation is done intentionally, then USCIS admits they were allotting visas incorrectly during the previous years...if it were a public company, lawyers would be climbing over one another to file a class action suit...unfortunately all we can do is write letters, make phone calls and pray :rolleyes:
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Credit report check is not part of the name check.
Thank you very much lazycis.
Thank you very much lazycis.
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My I-485 case is current right now. If I change my employer(whoever sponsored Green Card) to a new employer, what are the concequences? I want to do H1B transfer because I am not using EAD right now, should I file AC21 or not?
Priority Date: Dec/15/2005
Service Center: NSC
Priority Date: Dec/15/2005
Service Center: NSC
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Your router may have the problem.
You need to buy a good router. Your phone is good with long range.
WiFi is 2.4 GHZ.
5.8 GHZ phone will have many disadvantages.
The BEST choice for cordless phone for range, and lack of interfearance is a DECT phone.. the 1.9Ghz range is a licenced radio frequency for the exclusive use of cordless phones, unlike any other cordless phone frequency (900Mhz, 2.4Ghz, 5.8Ghz.) and as it is lower in frequency (aside from 900 Mhz) it operates with the furthest distance than any cordless phone.
If you are using a cordless phone - use 5.8 GHz. The lower frequencies interfare with other wireless devices.
TryThis deal starting from Oct 11th (http://www.fatwallet.com/forums/hot-deals/957955), or maybe this one if you are lucky (http://www.fatwallet.com/forums/hot-deals/957963/)...
You need to buy a good router. Your phone is good with long range.
WiFi is 2.4 GHZ.
5.8 GHZ phone will have many disadvantages.
The BEST choice for cordless phone for range, and lack of interfearance is a DECT phone.. the 1.9Ghz range is a licenced radio frequency for the exclusive use of cordless phones, unlike any other cordless phone frequency (900Mhz, 2.4Ghz, 5.8Ghz.) and as it is lower in frequency (aside from 900 Mhz) it operates with the furthest distance than any cordless phone.
If you are using a cordless phone - use 5.8 GHz. The lower frequencies interfare with other wireless devices.
TryThis deal starting from Oct 11th (http://www.fatwallet.com/forums/hot-deals/957955), or maybe this one if you are lucky (http://www.fatwallet.com/forums/hot-deals/957963/)...
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Yes , I did see that, but at what point do they consider this as "inventory" -- waiting for visa having pre-adjudicated (gosh, I hope not!) or as we all are thinking -- applications that have reached the agency...
Inventory and related QA is available on right habd side of this link,
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Go to USCIS.gov --> Green card and on right hand top side Inventory and Q&A posted.
Inventory means total Number of Employment based Pending Approvals.
Inventory and related QA is available on right habd side of this link,
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Go to USCIS.gov --> Green card and on right hand top side Inventory and Q&A posted.
Inventory means total Number of Employment based Pending Approvals.
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Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.
Yes agree. The point is that for an example in September 2008 if you used AC21 then on that date you and your employer claimed that your skills are matching for "particular EB3 job classification" . Now if you go interfiling to USCIS in March 2009 then USCIS doubt as logically employer ca not establish the "natural skill progression" within 6 months.
One more thing - RFEs. Although people used AC21 in 2007 or start of 2008, just recently USCIS sent RFEs to many. All of them have just finished replying those RFEs in which hthey claimed that they are still working on a "same job" matching EB3 skill. My employer sent that RFE response in May 2009. So my clock starts again from May 2009. In December 2009 it is almost impossible for my employer to show that " I am fit for advanced skills". So this is the glitch that lot many lawyers are strongly hesitant to proceed on interfiling.
Yes agree. The point is that for an example in September 2008 if you used AC21 then on that date you and your employer claimed that your skills are matching for "particular EB3 job classification" . Now if you go interfiling to USCIS in March 2009 then USCIS doubt as logically employer ca not establish the "natural skill progression" within 6 months.
One more thing - RFEs. Although people used AC21 in 2007 or start of 2008, just recently USCIS sent RFEs to many. All of them have just finished replying those RFEs in which hthey claimed that they are still working on a "same job" matching EB3 skill. My employer sent that RFE response in May 2009. So my clock starts again from May 2009. In December 2009 it is almost impossible for my employer to show that " I am fit for advanced skills". So this is the glitch that lot many lawyers are strongly hesitant to proceed on interfiling.
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.
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.
I sent following fax to senator, congressmen, etc.
If any one knows the fax# of any senior executive @ NSC. Please post here.
Bottomline, everyone has to fight his/her battle. Help yourself.
Date: Sept 19th 2007
To,
The Honorable Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-3841
Fax: (202) 228-3954
Sub: Inquiry/status for I-485 AOS application sent to USCIS, Nebraska Service Center on July 2nd 2007 [USPS Tracking No. XXXXXXXUS]
Dear Honorable Ms. Feinstein,
My Adjustment Application [type, e.g. I-485] was delivered to INS Express, Nebraska Service Center, Lincoln, NE on July 2nd 2007. I didn�t get any information for said application. USCIS Customer Service are very unhelpful and don�t provide any information.
USCIS website says NSC are working with August 2007 received AOS applications. So USCIS is either not following the First in First out (FIFO) process for sure or misleading the public.
I need help of your good office to track my AOS application delivered to NSC on July 2nd 2007. Please feel free to contact me for any additional information.
Details as provided below:
...
...
...
Sincerely yours,
-----------
I was thinking of doing things on same line, but thru local congressmen. I dont have any info regarding any top-notch person in NSC :(
pls. keep us posted. Thanks
If any one knows the fax# of any senior executive @ NSC. Please post here.
Bottomline, everyone has to fight his/her battle. Help yourself.
Date: Sept 19th 2007
To,
The Honorable Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-3841
Fax: (202) 228-3954
Sub: Inquiry/status for I-485 AOS application sent to USCIS, Nebraska Service Center on July 2nd 2007 [USPS Tracking No. XXXXXXXUS]
Dear Honorable Ms. Feinstein,
My Adjustment Application [type, e.g. I-485] was delivered to INS Express, Nebraska Service Center, Lincoln, NE on July 2nd 2007. I didn�t get any information for said application. USCIS Customer Service are very unhelpful and don�t provide any information.
USCIS website says NSC are working with August 2007 received AOS applications. So USCIS is either not following the First in First out (FIFO) process for sure or misleading the public.
I need help of your good office to track my AOS application delivered to NSC on July 2nd 2007. Please feel free to contact me for any additional information.
Details as provided below:
...
...
...
Sincerely yours,
-----------
I was thinking of doing things on same line, but thru local congressmen. I dont have any info regarding any top-notch person in NSC :(
pls. keep us posted. Thanks