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  • But consider this: I just posted this in the approval thread:

    Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.

    Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.

    Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.

    This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.

    Good idea delax. I support this action.

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  • Hello Guys,

    I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.

    The question I have is if my current employer can do anything, I mean anything at all, now?

    Thank you.

    This has been mentioned earlier in various threads - it is 180 days from the receipt date, and not from filing date.
    Not everyone who filed on July 2nd has the same receipt date.
    Pls check your RD for when your 180 day period ends.

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  • I have the same question. Recapture bill can be added as an amendment. Is any of IV's provisions there in the bill?

    Any idea if any of IV provisions (like recapture) being included in the bill?

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  • My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.

    Could you tell us when was your case transferred to TSC and when did you recieve the FP notice.
    My I140 is approved by TSC but still it went back to NSC.

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  • I have also observed all my H1Bs that expired 4 years and two years ago, have got soft LUDs after I used AC21.
    In fact the status on my I-485 case stopped changing even when they issued RFE and FP notice. I straightaway received these notices. The status on my case has not changed for last six months, my FP happened 3 months ago. So now I get scared even if there is just LUD on any of my cases as I am not sure what is this about.
    Overall AC21 has been a very tense experience for me. Please do not go that way if your original employer is a real bad guy. In my case the original employer was as bad as one could be, the laywer that new employer hired is as insensitive, arrogant and crack-pot as one could be and new employer absolutely careless.
    Full one and half year has passed since I changed employer, six months since I submitted my evidence, almost four months since my second FP and I still don't know what is going to happen.
    So my advise to all of you, think ten times before embarking on this risky or rather tension packed journey. There is no thrill in it.

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  • Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.

    What is your PD? were you stuck in BEC?

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  • OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
    USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:

    Accept the fee increases providing:
    1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
    2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
    3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
    4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
    5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.

    If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)

    Excellent, Please write a letter, you can submit it in your personal capacity as a US Taxpayer and a USCIS Customer.
    Please also post it, we can all use it as a template to write something similar and post it.

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  • What's going on with EB3 ROW? No movement at all!! What's goin to happen in coming months???

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  • Still your I 140 info does not show up. Also, my pd is of april 2006. But I -140 not approved yet, pending since june 2006. Ur new update is only giving me a good hope.

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  • Another one -

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  • From their tone, I can tell the were trying hard to be helpful.

    But, no receipt for me yet. July 2nd filer here as well.

    Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?

    Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
    And how are you sure that the second application will be correct and not have any errors that the first one had? :D

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  • I thought Guantanamo was being closed soon. They might ship us to detention centers in Afganistan or Iraq. :D Hope they have more high tech jobs there.

    And I thought it could not be worse than what we already got :(
    What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:

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  • FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.

    There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.

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  • i bet i would accept substituted labor, heck i would even bid for one if it it was legal to do so. to each his own, i would do anything to get out of the hell hole to your lawyer and go for it, it will save you a lots of time and headache. Make sure its all legal and the documentation is in order. there is nothing to hush up, thousands have done this and are doing it. People like me will feel bad and jump up and down, simply because we did not get that chance to do the same..good luck.


    speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.

    just my 2 cents.

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  • And are you doing anything to try and speed up your case since PD are current ?

    My PD is before Oct 2001

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  • Gurus...

    I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.


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  • Helo all,

    My mom had filed for an F2B category immigrant visa for me. Consequently, I attended an interview at the US consulate in Chennai, India and was given 221 (g) blue slip and asked to wait. When I contacted the embassy after 3 months I was asked to wait as my case is under administrative processing due to name check.

    Any idea how long more I shud be waiting, andyone in the same boat


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  • Just now voted 'YES'

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  • Hi Sanbaj,

    Congratulations for getting your GC !!

    What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?

    Yes and any one who feels bad can take admission and complete MS. It takes 3-4 semesters any ways.

    Per your logic if someone tries to stop/end bribing in India, you will question them saying-

    .................................................. ...............................................
    .................................................. .............................................
    .................................................. ................................................
    What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc............................................... ...........
    .................................................. .............................

    Don't compare this to bribe. You lack judgment. That is the way consulting business work irrespective of whether it as an Indian owned company or American company.

    Regarding "job at hand", as long as the company is paying wages to the employee from day1, there should not be an issue. H1B laws don't say you have to have an end client to sponsor an H1. Employer needs to pay the employee from day1. That is it. Only outsourcing companies can guarantee an end client.

    Don't site examples of companies that are not following rules to make a point.

    I am sure you were not air-lifted by one of the US companies from India.
    If you are an IIT ian, companies may do that. Not otherwise.

    If you have some issues with consulting companies, that is your personal problem. It has nothing to do with H1.

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