Thursday, July 14, 2011

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  • mamit
    02-10 09:27 AM
    This is what I did -

    1. Had my lawyer followup with consulate -they respond quickly to that.
    2. Letter from congressman - congressman called consulate and i got a written reply from congressman on status in less than a week
    3. Email followup with consulate
    4. Calls to DOS - have to be on hold for a bit though..

    Interview - Jan 3; 221g (pink) Phd in bio; additional info submitted - Jan 7th; consulate sent info to DOS - Jan 14th; DOS clearance - Jan 31st. Visa issued - Feb 6th...

    Bpositive, thanks very much for the verification. At first, I thought my friend was just scaring me by suggesting the senator/congressman route, but seeing your case now I feel foolish as I should've been doing this in early January. I will check my status tomorrow (monday) with the Delhi consulate once more, and then, if need be (fingers crossed), will talk to my boss in Houston about your suggestions regarding congressman's letter. By the way, what if I call DOS tomorrow and they say the I've been cleared, would it still make sense to have congressman approach them? Too many questions, I know, but I guess you know this feeling. Thanks again.





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  • PlainSpeak
    03-29 11:45 AM
    It may not have any impact on EB3 this year...but once the EB2 is cleared it will have an impact on EB3; may be in a year or two.

    Not sure i agree with that statement. The way the spillover trickle is reaching EB2 there is no way EB2 will become current for atleast 5 years so impact on EB3 within a year or two is a incorrect statement





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  • slowwin
    08-07 02:20 PM
    I think IF we stress for FIFO principle then jumping lines , ships will be taken care of by themselves. let RD be used and PD recaPture request date on the letter be RD.





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  • desi3933
    01-30 06:23 AM
    Another thought... they might have been confused with EAD through L1/B1 etc dependent and EAD through pending AOS. The first case is temporary and depends on the primary applicant status. See if thats their concern and clarify...
    Good luck!!!

    yagw

    It does not matter. EAD is unrestricted employment authorization and has no conditions attached due to basis it was issued. Of course, EAD can be revoked due to basis no longer available (such as expiration of L2 Status), but person can work as long as EAD is valid.

    Form I-9 Employment Verification - Form I-9 Services from Form I-9 Compliance, LLC (http://www.formi9.com/form-i9-faqs.aspx)

    [From the link]
    Q. Can I avoid reverifying the I-9s by not hiring persons whose employment authorization has an expiration date?

    A. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an alien is qualified for a particular job could be an unfair immigration-related employment practice.
    ---------------------------------------------

    _________________________
    US citizen of Indian origin
    Not a legal advice



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  • jsb
    09-25 03:51 PM
    Thanks. I did sent email and fax last week.

    What action do we expect on our letters/faxes to Congressmen, besides a routine reply USCIS is used to. This is not the first time that somebody is bothering them in their leizurely work. If they have tons of filings all over their offices, how do you expect them to find your case out of them.

    USCIS continue to say that they have loads and loads of filings yet to be entered.





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  • punjabi77
    09-09 02:35 PM
    I am from Ga.. So i called Hank Johnson (D-Ga.) 202-225-1605..

    I will try to call some more people..



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  • alterego
    10-07 01:28 PM
    It seems that EB application in general have slowed down in October and especially this week. Of those, from data which appears to be the broadest sample available, most approvals seem to be EB2, very few EB3s, and few EB1s(possibly anemic demand due to economy, which augurs well for spillover eventually).Furthermore, less than half are EB2ROW.
    Based on this observation, I think that the approvals coming out now represent those that remain on the IO desks from last month. They just slowed down their work rates. I think that they could care less about what we are doing to have our cases adjudicated. They have their way of doing things and nothing you say or do will change that. The latest thing they are telling public officials inquiring on your behalf is that they have a work flow which they will not interrupt. The issue is, their work flow is based on nothing but randomness. Those inquiring are those that have been badly screwed by their "work flow". They will not answer to why older PDs and RDs are being left behind while later ones are making the "work flow".
    My guess is that the IO desks will slow things up until after the next VB, later this week, then, based on the current demand for EB2I, we will see some retrogression, exactly how much I do not know, but a few months probably, maybe to somewhere in mid 2004, and then they will request more batches of work based on that bulletin, which will then give them a more diverse(of origin and EB category) group of files for the rest of Oct. and Nov. than they got for Sept. and early Oct.
    The Dec. bulletin will entirely be based on their internal decisions on whether to use spillover quarterly or not. If they decide to use it quarterly, then we will see a decent forward jump in PDs for EB2I, and if they decide not to, then PDs will languish in the mid 2004 time frame give or take a few months until the usual summer song and dance session next year.
    The USCIS calls this efficiency. I wish these folks to be on the receiving end of their own treatment in their next life.





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  • justAnotherFile
    07-09 10:37 PM
    Focus on Flowers Campaign Please!



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  • ndialani
    10-15 04:04 PM
    Hi Rubaru,
    congrats!
    Did you wait for 6 months after opening the first SR?
    I got that reply letter from USCIS.



    Hi All,
    I received the CPO email yesterday.My case details are PD : Dec 2004, 485 RD : Aug 6th 2007(I140 Filed concurrently),EB2 India.140 was approved on Tuesday.

    I140 was pending from 2007.When my attorney followed up in feb this year,USCIS gave the standard reply of waiting for 6months.After that they said,they will update in 10 days.They didn't update even after that and then i moved it to premium processing on Sept 28th.

    Took 2 info passes in Septembter(regd i140 mainly).First one was not of much help though the officer told my 485 is assigned to IO on Sept 8th.Second time it was different officer and she was very helpful.Tried looking why my 140 is getting delayed but she said ,if she opens my file then 485 file will go back to review queue as it is currently being reviewed by Sept 18th.So she didn't recommend doing that.I didn't open any SR after my first experience of 6 months waiting(without an result!!!)

    Before 485 approval day(i.e Tuesday) i called IO TSC Center but he doesn't know anything when i mentioned that my PD is Dec 2004 & that my case is current from last month.,he told my PD is the RD of 485.I thought no point in arguing with him and hung up.After that i was preparing to send mails to Senator but got the approval before that.


    Anyway,happy that it finally got approved .I am waiting on my wife's approval thought





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  • imneedy
    05-22 05:28 PM
    Friends,

    With the June visa bulletin, my priority date became current. My Labor and 140 already approved. When can I apply for I485? After May 31 or before May 31.


    Thanks for your help.

    RAJ

    From June 1st to June 30th. Good luck!!



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  • gc28262
    08-21 12:11 PM
    If phone companies resort to misleading advertisements, you can complain to FCC (Federal Communications Commission)

    FCC Consumer Complaints (http://esupport.fcc.gov/complaints.htm)





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  • BMS1
    10-17 12:02 PM
    I never watch Lou Dobbs since I am never home in that time slot. But had a chance to switch to his program last week. Actually I did not want to see him but wanted to see which companies are sponsoring his show and would like to lose me as a customer.

    Travelocity lost a customer in me. (I had a mixed feeling on this. When I used Travelocity the last time and I needed some customer support, the Travelocity person who tried to help me was an outsourcing company person in India).



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  • gc_check
    01-30 09:55 AM
    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.

    Agree, One must not specifically say - "I don't want EAD or GC or I want only Citizens" and they need to specify the reason like you had mentioned. But you never know, the Dice and other job posting sites, just post what ever the client submits. With premium accounts, you manage the posting and I do not think, these sites control the contents. I also surfed the company website, and looks like they do have some federal clients and based on VA. It looks more like a clerical error than intentional posting. May be, an email to the HR of the company, with supporting links that does not encourage such posting legally will educate / prevent such posting in future. Any other members with in depth knowledge on this.. post your comment. Also job websites like Dice / Monster, etc...should ensure Quality of posting rather than having a disclaimer :)





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  • beautifulMind
    09-24 04:59 PM
    "interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.\



    I am in a similar situation

    I have EAD from an EB3 application and I applied for labor in EB2 with same company but different position while working in the new position on EB3 EAD

    My eligible date for ac21 is Jan 2008

    so are you saying I should only interfile 485 in Eb2 in jan 2011?

    You reply would really appreciated since I am really confused



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  • sachug22
    09-24 06:02 PM
    In reality How USCIS divide 28.6% among countires - That is unknown mystery and nobody surely know that. And that is why I had to assume "equal shares - 5 part" in my analysis assuming USCIS works fairly but we all know that is a bullshit too :)

    Look at histrocial approval you will know your assumption is incorrect. ROW gets more than half the numbers in any category.





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  • suriajay12
    03-10 06:20 PM
    Excellent idea JBR. Why don't you create a letter template and put it in IV. If we have the facility to sign electronically, it will be nice. Later, it can be sent electronically to all Congress Members. Let us try to create a slogan for our campaign. Any IV member can shed their ideas on this.
    Is PAPPU or any IV Core members following this thread?. PAPPU we need your involvement in this and make this as another IV campaign immediately...

    I'm in. Anything that has action has my support..

    No point in waiting till economy improves and shit like that. Houses, jobs, Social securtity .. Project all the points in which you can improve the crisis. We can ALL also write to firms like REMAX and other reality firms to tell them we are 500 thousand here, ready to buy houses.. stupid idea.. but better than doing nothing..



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  • GCwaitforever
    03-26 11:05 AM
    Always complain, even if there is no hard proof. The companies may not tell you on your face that they do not hire EADs. But the hiring manager or recruiter must be acting on a policy made elsewhere in the company, directed by some higher-up officials. It will be written somewhere. In that case, OSC can ask for archived e-mails, and phone conversations for a record of discrimination. If discrimination is proved, company is liable for fines, and the higher-up official is sacked. If there is no official communication, the company can claim that the hiring manager or recruiter is acting on his/her own and it is not the company policy. Then the hiring manager or recruiter is fired and the company pledges to enforce the rules strictly. Always a positive outcome for us.

    Complain to EEOC also in addition to OSC. Double the pressure on the erring company and you would see quick results.





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  • deardar
    01-25 10:29 AM
    We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks

    Recently, my friends flow KLM to hyd via JFK. they came back safe. I will let you know the exp once i talk to them.





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  • rameshvaid
    03-12 09:37 PM
    Great effort Saralayar. I just voted. Vote for this, everyone. This is the least we can do get on the radar. There are so many voices crying for attention --- please vote so that we may be heard.

    It is very easy:
    1. Go to http://citizensbriefingbook.change.gov/home
    2. Register, by clicking on "sign in to get started now" (very quick --- no email verification steps, etc.)
    3. Search for "Citizenship if you have lived legally in this Country for 10 years continuously" (without quotes), in the "find an issue you care about" search box
    4. Vote by clicking on the up arrow.

    Post a quick comment as well. This way we will draw more attention to it.

    Could not find the link..Which page do I need to go on to vote.. I have searched about 500 pages.. Pls. advise..

    RV





    foobar2001
    09-08 08:58 PM
    Thanks for your reply - but I looked at both email and they are exactly same except for approval date on them. that confused me :confused:

    how long it's taking to get actual card in mail after getting production email/ status update?

    yup - i got duplicate CPO emails as well - one on sep 1 and another on sep 2. The LUD date also changed from sep 1 to sep 2 after the 2 updates. Today i got the 485 approved email.
    Dont have the GC in hand yet - looks like none of the folks who got current in Sep have received their GCs yet. Speaking to some folks who got current last month, it seems like most folks had GCs in hand within 10-15 days of the first status update regarding CPO.





    logiclife
    06-18 12:03 PM
    W2's/tax returns are not part of the initial evidence USCIS requires to process your application but they may ask for it later if required

    A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.

    Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.

    Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.

    Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.

    So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).



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