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  • To
    "Folks who are Re-Filing just out of anxiety",

    Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?

    Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.

    SuperUsers and Moderators - What is your take on this ??


    I think there are valid reasons for SOME of us to re-file but in general it should be avoided as much as possible. We are 20000 odd people here in TOTAL. That is about 7% The total number of applications received by USCIS (maybe 300000). So, while you are right there is no need to re-file just out of anxiety, I don't see how it will make any impact on the processing times.

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  • Hey guys, this is not such a bad idea...basically it's all about give & take - you give and I take :)

    Man, are you serious in asking people not file in time when the topic of the day has been the possible retrogression mid-month in July? And that too on a forum where there are more posts about how to save $3.99 on passport photos than on core team pleas about calling the senators??


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  • but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)

    All all this does is to push the bottleneck further down the pipeline.

    the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending

    Sorry I dont share the enthusisam


    It is still some progress. Since June 13 th these arguments have been repeatedly brought up by people who already have a pending 485. No one ever said the fight is over or everything will be hunky dory.

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  • My PD is Oct 1, 2001

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  • sanju,
    you said: at some point uscis would send a request to you for employer verification?
    why would they need that: as we have submitted that at the time flinig 485?

    i dont know if the above is true only for consultancies?

    i work in a big software corp and never heard of any queries at all?
    approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)

    am i missing something here?


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  • 1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...
    Very accurate and to-the-point answers. Awesome post !!

    Can you please keep us informed about the reason as to why did the deny your I-485?

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  • judging by how much class you're displaying sorry to say your pet dog deserves a gc more than you do. :p

    If CP filers are included in IV wish list, a small request for IV:
    I have a pet dog in my home country that I love. I want to bring the dog to USA to live with me. Is it possble for IV to add this additional point in the letter campaign. 'All I485 filers and CP filers should be allowed to bring their pets and pets should also be allocated greencards to live here permanently.' Afterall we consider them part of our family and family values and unification is very important for EB immigrants as well.

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  • Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.

    I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.

    I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.

    I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.

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  • FBI Name Checks Latest

    Immigration Daily's recent comment (11/30/07 ID) on the status of FBI name check delays resulted in the following response from USCIS Office of Communications Bill Wright:

    Immigration Daily's 11/30/07 comment, "FBI Delays to End," is not telling the entire story. USCIS and the FBI are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies: (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks. Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.

    Separately, Immigration Daily has learned that USCIS expects a 40% reduction in FBI name check delays by year-end. This reduction will be achieved largely through the allocation of additional resources and a more streamlined process. This information supports DHS Secretary Chertoff's earlier statement that applications that were previously ensnared in the name check delays will be cleared quickly. However, he cautioned that a small number of checks will still be delayed by investigations.

    We welcome readers to share their opinion and ideas with us by writing to

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  • He is ***ing desi employer and is counting on me as if he has to take some personal revenge..please kindly suggest all available options..?

    Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?

    IRS has a form to file if your W2 is missing... And you need to file taxes based on your best guess and last paystub with this bad employer... I had similar situation in 2000 and was very confused.. So I can understand your situation... And you need to paperfile.. cannot efile.. you can do on your own or thru any tax consultant... Its simple... These Desi employers won't give W2 to you and to IRS they'll tell they've mailed... So no one can harm them thisway... Only your case with DOL may bear some fruit... Feel free to PM me if need any advice...

    You'll need to call IRS and report this.. then only they'll mail the form.. Its available on IRS website.. but better call them asap... and tell them you've sent a letter to your employer on Feb 1st about missing W2.. but he's not sending...

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  • nope ..I can't either. Its hard to imagine why an IEEE , with a Phd from Berkley couldn't find anything better to do than head a diploma mill...fishy. !!!

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  • Looks like for July 2nd they just started and i talked to 5 other guys( who got receipt) - all of them has a sending time between 9 and 9:30 AM by FEDEX

    Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!

    Kidding - what time yours hit the USCIS building ?

    USCIS mail room received it at 7:55AM on July 2.

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  • Count me in too

    PD Dec 2004
    EB2 NSC
    RD : 26th Jul 2007
    FP done

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  • Guys I am planning to send this email to my american freinds , Any input to improve this really helpful before I send it out. If I write lengthy technical mumbo jumbo most people dont get it.


    Five reasons why I oppose immigration reform bill in its current form.

    1. This bill in its current form does nothing to reduce the current backlog of employment based backlog of green cards. This bill infect reduces number of legal immigrant visas from 140000 to 90000 immediately for people who are waiting line legally and been paying taxes and contributing in fields of Computers , technology , pharmacy , nursing.

    2. This bill makes things difficult/impossible of renewal of legal visas for me and my sister(both of us are on H1B).This bill changes renewal of H1B from three years to one year even if green card application is pending where as undocumented/illegal persons can renew their Z visa unlimited number of times even if they have no intention of applying for green card.

    3. This bill puts more restrictions on H1B visa while awarding Z1 visa for undocumented /illegal persons with far less restrictions. Z1 visa can be self petitioned, they can work for any employer of their choice and job of their choice and they don’t even have to work as long as they go to school. H1B is far more restrictive, H1b visa holder is held hostage by employer and employer has to file the documentation for eligible candidate.

    4. This bill does nothing to lift the per country allocation of green cards for legal/merit based applicants of green cards. If merit is the criteria for green card why should it matter what nation one comes from. Amazing thing about this bill is that if you are illegal and have a Z1 visa it does not matter what country you are from, NO COUNTRY BASED CAPS FOR UNDOCUMENTED/ILLEGALS (They are no more illegal because they have Z1 visa)while applying green card.

    5. New merit based system that senate is planning to introduce is totally skewed towards illegal/undocumented people as well. Some of the key points, If you have a Z1 VISA(ILLEGAL/UNDOCUMENTED) and own a home you get some points in green card , If you are legally here and paying taxes and own a home you don’t get any points. If you have a Z1 VISA (ILLEGAL/UNDOCUMENTED) and have health insurance you get some points in green card, if you are legally waiting in line and have health insurance for whole family you don’t get any points. If you have Z1 visa (ILLEGAL/UNDOCUMENTED) and you have kids, Kids get Green card in 3 years. If you are legal and you have kids, Kids don’t get anything unless they become illegal and wait for next amnesty or legalization.

    Please call your Senator and Congressman and let them know that this bill punishes people who are following rules while awarding undocumented people. This is not a letter from anti immigrant bigot who opposes every thing based upon talking points circulated. This email is a reflection of my thoughts and what I am asking for a fair deal in the process. Please send this to as many American citizens as you can.

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  • I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.

    thanks for your efforts!

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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 ?

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  • I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    enggr... First Welcome IV!!! The great place to meet like minded people.

    If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.

    Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.

    In any case, You need to respond to RFE with a good business case. and go for the next step.

    Good luck buddy.

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  • So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?

    I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.

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  • Filed July 18th, no FP yet

    Thanks Shana for AC21 Format!! Is there any way to find out LC information for RIR applications?? I know PERM LC info. is posted on foreign LC website.

    through employer verification letter

    On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,

    I believe in VLD Rao. He gives me hope. :-)

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