Wednesday, June 15, 2011

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  • JunRN
    05-15 11:39 PM
    He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.

    They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right

    Thanks for the clarification. Regarding faulty system, if it's not the database, it must be the practice. We have heard not few cases of AC21 cases being improperly denied.

    My take is that the system used by USCIS is not designed to check for AC21 cases and so rightfully, when IO sees denied I-140, they deny the I-485. I think their Manual is also not updated to reflect AC21. AC21 is still a memo and not in their Manual.




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  • gjoe
    10-03 05:37 PM
    Every year congress mandates that 140k immigrant visas may be issued. Lets say, in a particular year 200k applications were sent in, but only half of them could reach a stage where they could be approved (rest half are stuck in name check et al). Now you can approve only 100k which means that 40k visas which could have been used will go wasted for that year.
    If visa numbers are assigned to cases as soon as the application is entered into the system based on the PD even if there case is not approved that year still they can get the visa whenever there case can be approved so effectively no visas are wasted in any year.




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  • factoryman
    06-21 01:22 PM
    go through all the posts at linked at my post 'Link to post at IV''But what is these guys doing?' (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)

    The linked place is a safe and cozy haven for most Democratic Senators and Democratic Congressmen. All start threads in their real names over there.

    This is like red meat for them.


    http://www.youtube.com/watch?v=TCbFEgFajGU




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  • Suva
    07-18 02:57 PM
    Don't get disapointed. The date would retrogress to 2003/2004 very soon. So most of the applicants whose PD is after the cutoff date would not qualify for approvals. As your PD is very old you would be benifitted as you would be current in this case.

    This would suck for older priority dates.

    My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
    So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...

    Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.

    ...



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  • sundeep14
    06-11 10:33 AM
    this really sucks !




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  • yibornindia
    11-25 01:51 PM
    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(

    I am on EAD with an employer who doesn't understand or willing to work with any immigration issues. If my 485 will get denied in error, I will surely loose the Job, as leave without pay is also not an option for me. I wonder if I loose my job this way, will CIS consider this after an MTR or will again reject my 485 stating 'no job' as a reason?



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  • TO BE OR NO TO BE
    10-18 07:16 PM
    ^^^^^^^




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  • alterego
    07-06 01:33 PM
    According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month

    Source: http://www.immigration-law.com/

    66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?

    I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
    In an effort to juggle all these issues, they screwed it all up.

    Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a temp. visa or on a green card straightforwardly. Thats what I am getting from all this.



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  • indio0617
    03-09 10:09 AM
    both amendments J-1 and removal cap for Nurses (India) will pass




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  • Aah_GC
    04-30 03:51 PM
    I wonder how these guys can engage in a discussion without knowing the basics. WTF??????



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  • man-woman-and-gc
    06-11 11:44 AM
    Guys, I have thrown out my ideas and you can take what suits you from it. As someone mentioned nothing is illegal in it. If you find something, please explain what and why.

    My conservative estimate was 100K people pulling 50K$ out..that would be 5 billions...if more comes out even better

    Fight for legislation?? Does anyone has any hopes on it still? You would get piecemeal concessions here and there..but the Indian EB immigration community as a whole gets nothing good out of it...2 year EAD, 5 yr EAD..just to wipe the tears...come on guys think out of the box.

    You argue it is not discrimination but it is law. I say the law is discriminatory and nobody wants to change it (remember the horses discussion instead of EB immigration discussion in senate), do you need any better example than this?

    Anyways, I leave it to your own judgement..and I am going ahead with my plans...I am not planning to leave the country anytime soon so I am not yet into the drastic measures I mentioned, but I sure have started the funds transfer to Indian banks, pulling out of mortgage application and moving out of US equities markets. Also, I am reducing the amount of money I pump into US economy which is currently 5K per month to ~3-3.5K per month. If it makes any difference I am making ~400K a yr from my job and other investments...

    I appreciate ur enthusiasm my friend...but just think about what you are pushing for....The immigrant community cannot send 5000 letters collectively, cannot get more than 100 people to donate every month...and u are hoping 100k people will walk the path u suggested in an IV post?? Lets not get too optimistic here...the reality is we are in a country that was started by immigrants, but is now self sufficient and now does not care about Immigration.....we can only wait and watch, may be try to rally behind some initiatives like CIR etc and make victory laps on reversal of a visa bulletin or 2 year EADs....But to get this immigration process fixed is a distant dream and will not happen unless Citizens feel the need of it or America goes back to the same stage where it cannot support itself without immigrants......we can hang on the to the last straw of hope, but the world goes by facts and not perception.

    My post might seem pessimistic..but I will call it realistic....those who want to go back home, please go..but leave ur details with IV so they can use it as an example in their fight....Those who stay....there is nothiong to lose in this battle....so please help IV or the immigration community in whatever way u can.

    Whatever u do..find a way to live your life..with or without GC.




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  • sands_14
    01-06 12:58 PM
    I e-filed for AP?
    I have been asked to send ADIT photographs not computer photographs?
    Anybody knows what ADIT means???
    I am confused...
    Please advise.

    I just read that ADIT photographs used to be the norm till 2004,is it changing again from passport style photos to ADIT?The RFE I received for my AP clearly asking for ADIT photographs.Now where do I get these ADIT photographs???Any ideas.URGENT Please.



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  • r_mistry
    01-08 11:18 AM
    Hi All,

    I just contacted the USCIS customer service regarding my pending AP application filed at NSC on July 24th, 2007. The customer service rep did not provide any useful information other than the usual "case received and pending".

    However he did open a service request (SR) for me and advised me that IO will get back to me on the status of my AP application within 30 days and why its getting too long to adjudicate my AP application.

    Do any of you have any experience what will happen from now on? Do they really respond within 30 days???

    Below is my filing info

    Filed I-485/EAD/AP - July 24th, 2007 - NSC
    I-140 approved - Dec 2006
    EAD received - Oct, 07
    FP done
    AP - Pending
    LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)




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  • maverick_joe
    05-02 04:23 PM
    what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...

    well damn you king, issue GCs faster then!

    I read here that King said that everyon on EAD and AP is getting a free ride even thought here green card might get rejected. What does he mean by that. I tahught every process goes thorugha security check. such as I 140, H1b, AP and even EAD.



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  • rex
    09-24 12:59 PM
    Ok. Now lets say I have EAD cards for me (primary applicant) and my wife. I can now have my wife start a company and have a job position similar to where I work. Now after 180 days, can I work for my wife's company invoking AC21 with my EAD??:D
    and so when an RFE comes from USCIS , can this be shown as the similar job offer?

    Really speaking, The USCIS only wants a promise of employment when they are adjudicating form 485 saying that I will be given a job after I get my green card:). So can I literally work anywhere for any job using my EAD until green card gets fully approved as long as I have a promise of employment (by my wife's company)? :p
    Ofcourse i am risking the chance of being out of status if my 485 gets denied. i just want to make sure it wont get denied because the "similar job" offer is from my relatives (wife's) company.

    any thoughts??:confused:

    Rex




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  • ind_game
    05-14 03:55 PM
    Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.

    Good luck.

    Not sure how the GUI interface for USCIS looks like.........atleast there would be a history of updates for each petition like received, approved, revoked along with dates and notes, just like we do updates to our threads in this forum..........I mean that is bare minimum

    But my online status of I-140 still says this........Not that I have to rely on this.......

    __________________________________________________ ________________________

    Receipt Number: LINXXXXXXXXXXX

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Approval notice sent.

    On September 4, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    __________________________________________________ ________________________



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  • anandrajesh
    08-12 11:14 AM
    So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..

    All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
    I wish the Democrats lose big time and lose their hold from Senate and house.




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  • DDLMODES
    07-06 10:42 AM
    Check OH Law Firm post.
    I'm afraid that the fire has alerady started.

    With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....

    Just what we needed ...
    :(




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  • badluck
    07-06 01:05 PM
    Thats what he is saying.. he is an expensive lawyer...

    and about crap---who the hell are you to decide... if you dont like then just ignore the post...




    vayumahesh
    11-08 09:33 AM
    Did you get your I-140 receipt? What is the online status?
    My company would not provide me with I-140 receipt or approval notice. They would just inform me of the status.




    GayatriS
    01-05 08:22 PM
    I don't think there are contradictions. I have read his Businessweek articles. He is researching ways for America to remain competetive and believes that skilled immigrants who get permanent residence are the key.

    Listen to the last minute of the video and you will see what his message is.



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