gccube
07-18 03:55 PM
That requires sorting of the application by PD. But the SOP does not mention anywhere about the PD Sorting. I am sorry for you guys.
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
vina92
12-16 09:44 PM
I agree with you. In order to achieve something, you have to give up something. Either it's the money, labor,time and effort. I sense that apart from very few , rest would like the fruits of labor without any type of contribution and effort. It would take herculean effort to change everyone's attitude. I hope Gandhiji will lend us an invisible hand in our struggle.
bpratap
05-15 05:08 PM
I am working with a bank for my new Mortgage. The bank is asking for 3 year continuous VISA (forward) as a requirement.
My situation is H1 + 485 (I-140 Approved)
my current H1 will expire in December 2009, I cannot apply for extension until June 09 (180 days )
but Bank guys are asking for 3 yr VISA, they are not even looking on my H1b Approval letter as there is a line mentioned in there as "This form is not a visa nor may it be used in place of a VISA"
Anybody have similar experience ? and any suggestions of how to approach / explain this to bank guys ?
Appreciate ur views n comments
My situation is H1 + 485 (I-140 Approved)
my current H1 will expire in December 2009, I cannot apply for extension until June 09 (180 days )
but Bank guys are asking for 3 yr VISA, they are not even looking on my H1b Approval letter as there is a line mentioned in there as "This form is not a visa nor may it be used in place of a VISA"
Anybody have similar experience ? and any suggestions of how to approach / explain this to bank guys ?
Appreciate ur views n comments
Green.Tech
06-12 03:59 PM
We need to stand up for ourselves. Please contribute so IV can keep lobbying for our cause in DC.
more...
anurakt
01-03 04:07 PM
I really envy all of you guys who can return to your country. I have been here 8+ years and I am 53. My country does not even give me a passport and in top of that I am stuck in the namecheck black hole.
andy
You can come to our country :D :D :D food for thought .... I am sure you can get a work permit and citizenship very easily :D :D
andy
You can come to our country :D :D :D food for thought .... I am sure you can get a work permit and citizenship very easily :D :D
desixp
09-10 11:36 AM
Just now contributed $100.
Google Order #616922884201935
Google Order #616922884201935
more...
amitga
06-11 10:24 AM
I just did the math.
I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.
Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??
It would be only $45 billion not trillion.
I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.
Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??
It would be only $45 billion not trillion.
diptam
08-11 11:53 PM
Agree with you 100% - But Once you start a thread with assertive words peoples start relying on you.... I also posted lots of conversations between myself and USCIS but i was never assertive.
Anyway - this argument will go on forever.
Can we request SriKondoJi/likes not to post anything with strong Affirmative words unless they have some kind of confirmations beyond the general Public's assumption ??
Thanks
Hello,
I think this is high time for us to control our emotions and live with realities. Often times, the customer service representatives don't have up-to-date information of USCIS's policies, decisions, and announcements, and we should not take their response as granted. For example, If you call a service center 5 times a day and ask a same question, you will get five different answers. In fact, Srikondoji mentioned what he had heard from NSC customer service staff. So, we can blame neither Srikondoji, nor customer service staff, but only USCIS.:)
Regards,
IK
Anyway - this argument will go on forever.
Can we request SriKondoJi/likes not to post anything with strong Affirmative words unless they have some kind of confirmations beyond the general Public's assumption ??
Thanks
Hello,
I think this is high time for us to control our emotions and live with realities. Often times, the customer service representatives don't have up-to-date information of USCIS's policies, decisions, and announcements, and we should not take their response as granted. For example, If you call a service center 5 times a day and ask a same question, you will get five different answers. In fact, Srikondoji mentioned what he had heard from NSC customer service staff. So, we can blame neither Srikondoji, nor customer service staff, but only USCIS.:)
Regards,
IK
more...
logiclife
04-26 04:46 PM
My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?
Pending H1 transfer/extension petitions can be upgraded to premium processing by sending another form (for upgrade to premium) and the premium fee of $1000.
Some states accept H1 extension filing receipt notice. Other states dont. Depends on the state regulation and state laws. You should check with your DMV / DPS of New Jersey and ask them before you make decision to upgrade your H1 petition to premium. Maybe they will renew your DL with receipt...so check before you spend that money.
Pending H1 transfer/extension petitions can be upgraded to premium processing by sending another form (for upgrade to premium) and the premium fee of $1000.
Some states accept H1 extension filing receipt notice. Other states dont. Depends on the state regulation and state laws. You should check with your DMV / DPS of New Jersey and ask them before you make decision to upgrade your H1 petition to premium. Maybe they will renew your DL with receipt...so check before you spend that money.
pappu
06-10 02:11 PM
I don't follow. Are you saying that DOS is disclosing VISA bulletin to IV (core members) even before the actual date of bulletin???
NO.
NO.
more...
lonedesi
08-04 04:15 PM
Letter to be sent for an I-140 petition pending at NSC:
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
jr8rdt
01-07 03:50 PM
looks like many people in this thread are planning to travel using AP. Just curious: are you all currently using EAD? I heard that once you enter using AP your H1 is no longer valid and you must use EAD though you are still working for the same company.
little bit off topic....
little bit off topic....
more...
RNGC
06-25 11:46 AM
well said...to put in a nutshell "Desire and Inovation is flushed by immigration wait ...."
This is what I think America loses due to delay in green card process. I can say this from my own experience. People with advanced degrees in Science and Technology have to keep doing same job to maintain status for 8 - 10 years since changing job / company reset's their GC process. When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business). But the most fortune 100 companies do not sponsor H1B or GC (Example Raytheon, Toyota, Lexmark .... based on my personal experience as electrical engineer) so you end up compromising with career to maintain status and work for companies that sponsor H1B ( future career prospects take a backseat). Then after 8 - 10 years when you get GC you already are married and possibly kids to look after you are already burnt out and want to keep working in the same desk/ clerical job that you have been doing for so many years. So its a lose lose situation to all neither government gains from the GC (by which they hope to make US a more innovative place) nor the immigrants since by then all they can think is a full time job, home and 401K.
This is what I think America loses due to delay in green card process. I can say this from my own experience. People with advanced degrees in Science and Technology have to keep doing same job to maintain status for 8 - 10 years since changing job / company reset's their GC process. When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business). But the most fortune 100 companies do not sponsor H1B or GC (Example Raytheon, Toyota, Lexmark .... based on my personal experience as electrical engineer) so you end up compromising with career to maintain status and work for companies that sponsor H1B ( future career prospects take a backseat). Then after 8 - 10 years when you get GC you already are married and possibly kids to look after you are already burnt out and want to keep working in the same desk/ clerical job that you have been doing for so many years. So its a lose lose situation to all neither government gains from the GC (by which they hope to make US a more innovative place) nor the immigrants since by then all they can think is a full time job, home and 401K.
akkakarla
07-05 04:22 PM
Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.
Going to meet Congress Congresswoman Eshoo staff next week.
Going to meet Congress Congresswoman Eshoo staff next week.
more...
amitjoey
06-26 02:50 PM
The bill being discussed in the senate if passed is going to be very detrimental to people that are stuck in the labor backlog centers. They wil be forced to redo their labor with the new point based system. That is not fair at all.
qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
more...
knnmbd
04-25 08:58 PM
Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.
raysaikat
01-07 01:12 AM
Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions.
This actually reminds me of the joke:
A doctor's office got flooded. The plumber is called and he fixed the broken pipe in 5 minutes.
Doctor: "How much do I owe you?"
Plumber: "$200".
Doctor: "What! Even I do not make $200 for a 5 minute work!"
Plumber: "Which is why I changed profession."
:D
This actually reminds me of the joke:
A doctor's office got flooded. The plumber is called and he fixed the broken pipe in 5 minutes.
Doctor: "How much do I owe you?"
Plumber: "$200".
Doctor: "What! Even I do not make $200 for a 5 minute work!"
Plumber: "Which is why I changed profession."
:D
gondalguru
07-11 02:19 PM
"Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become �unavailable� beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year."
Question is how long will it stay 01Jan03?
My PD is feb 03 :mad:
Not too long hopefully. With new year quota it might move to Feb 03 very soon.
Question is how long will it stay 01Jan03?
My PD is feb 03 :mad:
Not too long hopefully. With new year quota it might move to Feb 03 very soon.
Alien
04-25 12:35 PM
This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.
Interesting!!!
Interesting!!!
svr_76
09-14 06:20 PM
GCTest..you are right. I am with you.
Rather I would like to add more items to what u have listed-
1. Its wrong for EB2 filers to find/marry a us citizen. That will be unethical of them to do as they will be jumping lines. Because u would be unable to do if u would have married non-citizen..so based on GCTest's logic please dont marry us citizen or if u have marriued continue to only use you EB2 application for processing :-)
2. Also people who are now planning of using EB5 (assuming u have now saved/gather enough money). So EB2, EB3 or other people u have been saving money and are now thinking of risking ur money/career/life on EB5 filing..please dont do that...because that will be unethical.....u r doing it bcos u now have money. Per GCTest's logic u did not having money u filed ur EB2 or EB3 application so if u have money now...dont try to use it.
GCTest...can u think of other conditions ...do post them.
Oh yes corollary to #1. Also bachelors in EB2/EB3 category make sure u dont fall inlove and plan to marry any girl/boy from the countries which are current. Help GCTest's cause.
:-)
Rather I would like to add more items to what u have listed-
1. Its wrong for EB2 filers to find/marry a us citizen. That will be unethical of them to do as they will be jumping lines. Because u would be unable to do if u would have married non-citizen..so based on GCTest's logic please dont marry us citizen or if u have marriued continue to only use you EB2 application for processing :-)
2. Also people who are now planning of using EB5 (assuming u have now saved/gather enough money). So EB2, EB3 or other people u have been saving money and are now thinking of risking ur money/career/life on EB5 filing..please dont do that...because that will be unethical.....u r doing it bcos u now have money. Per GCTest's logic u did not having money u filed ur EB2 or EB3 application so if u have money now...dont try to use it.
GCTest...can u think of other conditions ...do post them.
Oh yes corollary to #1. Also bachelors in EB2/EB3 category make sure u dont fall inlove and plan to marry any girl/boy from the countries which are current. Help GCTest's cause.
:-)
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