Monday, June 27, 2011

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  • JunRN
    05-15 11:20 PM
    Thanks for your wishes.
    I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
    It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.

    Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.

    I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.

    The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.

    Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.




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  • SkilledWorker4GC
    07-15 10:19 AM
    Sent a contribution worth lunch money for a week.

    Biller Name Account Amount Pay Date Confirmation Memo Note
    Immigration Voice
    Free Checking XXXX $25.00
    07/18/2008 7YDR4-N7FRN HIGH 5 funding Dr Contri, Amit B

    New Day today.

    Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.

    Also let us remember to update our signatures and include a link to this thread.




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  • TomTancredo
    03-04 01:45 PM
    I have an RFE on my 485 (EB3 I SEP 2004 )....




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  • sam2006
    07-19 12:53 AM
    thank you :)


    Signed up mothly contribution from july.

    Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.



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  • jetflyer
    12-15 11:13 AM
    What a nobel idea. IV has thousands of members and we all are with you. What we don't seems to have is LEADER. Yes, we are lacking leaders like you, If you start I am sure all IV members will follow you. Just drop us a line when you are ready to start. We all are counting on you.

    J.F.

    Dear Friends,

    What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.

    please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.

    MC




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  • Saburi
    03-03 03:30 PM
    MDix,
    What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.

    I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.


    Thanks.

    I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.

    Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.

    But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.

    This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.

    I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.

    Sorry if i was too loud and noisy.

    Best Regards

    Saburi



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  • r_mistry
    01-14 11:13 AM
    How can we find out the current processing date for AP ?

    You can check the dates on this link,

    https://egov.uscis.gov/cris/jsps/ptimes.jsp

    Hope this helps,




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  • kshitijnt
    06-26 01:27 AM
    Some one has got a problem with me calling USCIS and Congress as bloody morons in above post. Funny people, really.



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  • EndRetro
    03-08 01:42 PM
    Thanks for the real time updates. Please keep on doing it...




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  • Kodi
    05-08 04:15 PM
    Do they always ask for recruitment info or only when they audit the case?



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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




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  • test101
    07-05 02:35 PM
    Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.

    awsome.. that's a good news....good luck



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  • ak_2006
    05-15 09:46 AM
    Here is the scoop.

    from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.

    Liaison confirmed the following:

    1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
    2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
    I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.

    3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.

    4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)

    Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor

    Unanswered questions:

    1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
    2. Are they both not looking at my information with same interface?

    Conclusion:
    Atleast in my case it looks deliberate and intentional.

    Hi ind_game,

    For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.

    Please correct.




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  • hazishak
    07-18 06:21 PM
    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......

    Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.



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  • chanduy9
    07-06 12:31 PM
    Thank god(USICS)... they haven't changed the visa bulletin..by making every thing "U":D


    Send flowers on JULY 10TH.

    Thanks,
    Chandra.




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  • jonty_11
    07-11 12:29 PM
    Anyone,

    How do I start a new thread in IV ?
    search for this the forums and u will find it.



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  • hebron
    03-04 03:08 PM
    Its about late registered birth certificate... They want some secondary evidence...

    Hi TomTancredo (even though I hate the real Tancredo, you seem to be a good person :)),

    This is exactly why I asked you if you could share the details of your RFE. My attorney had asked me to submit affidavits from my parents since I did not have birth ceritificate. Is this the same issue with yours? Could you share the details if you don't mind?

    Thank you.




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  • reachinus
    03-05 11:04 AM
    We had soft LUD on our cases as well, for both my wife and me. Hope it will be all good. My Atty mailed the application on 6/31 and it was receipted on 09/07/07.




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  • pointlesswait
    06-10 12:08 PM
    same as DUI...but with lesser penalty...

    snhn
    what is a DWI?thanks.




    I_need_GC
    02-19 10:51 AM
    Today I got my first soft LUD on my case. Last week I got a letter from USCIS that they had approved to expedite my case. I would rather have seen the AP but the waiting game continues. :eek:



    Yesterday I went to the Local INS office after making an infopass appointment. Requested the IO to expedite my AP he looked at current processing dates for Nebraska Center Aug 15 I applied on July 20 INS process date on receipt notice August 25. He told me they would start looking at my case soon. I mentioned to him I need it expedited he asked why I showed him a letter from employer that I needed to travel outside us he said its not life death emergency. I insisted that if i didn't go I would get fired lose my job, he wait let me check with manager after 20 minutes he came back and said his manager agrees to process as emergency. He took all my original supporting documents and told me he was going to fax them to Nebraska center and also email to them. I mentioned to him that I have to leave by Feb 11 again he went to his manager and he said thats the best I can do. He took my phone number. I have not heard for INS no LUD on my case yet. If i don't leave by feb 17 kiss my job good bye. Anything else you guys recommend i can do. I also faxed the Nebraska center a request expedite still haven't hear or seen anything. :(

    Your inputs are welcomes.




    chanduv23
    06-10 10:48 AM
    Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.

    Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.

    There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.

    Do not lose hope - we will succeed.

    Please convince your friends and coworkers to make phone calls and visits to law makers offices.



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