JunRN
09-13 10:44 AM
I believe that for Schedule A Professionals like nurses and PTs, the only solution is the bridge amendment to make it faster. They are now using EB3, which means competing against hundreds of thousands of Engineers. With the latest bulletin, it seems the wait is five to six years...wow! that was long! But I think that is not the true picture. By mid of the 2008 fiscal year, we will see the real picture so hang on. The wait could be in reality 3 years.
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MahaBharatGC
09-27 08:54 AM
Arrived before the Millennium: Dec 1999
Started GC processing in 2003 finally filed in March/Apr 2004.
2007 lucky fiasco gave me and my wife chance on EAD.
Still counting....:confused:
Started GC processing in 2003 finally filed in March/Apr 2004.
2007 lucky fiasco gave me and my wife chance on EAD.
Still counting....:confused:
thomachan72
06-04 01:13 PM
why not ? 140 and 485 can be filed at same time if dates become current.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
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Imigrait
06-11 05:27 PM
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
Wow..... That's an average of more than 100% return consistently. You should start your own hedge fund or maybe advice Warren Buffett.;)
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
Wow..... That's an average of more than 100% return consistently. You should start your own hedge fund or maybe advice Warren Buffett.;)
more...
amitjoey
05-21 01:50 PM
I just came across this thread. Is this campaign still on?
You are welcome to call- If you did not do it earlier.
You are welcome to call- If you did not do it earlier.
Chiwere
08-20 04:45 PM
USCIS_COMPLAINT is an inactive email account should be reported to the Ombudsman as well.
As for management,following are responsible for NSC:-
Director: Gerard Heinauer
Deputy Director: Gregory W. Christian
As for management,following are responsible for NSC:-
Director: Gerard Heinauer
Deputy Director: Gregory W. Christian
more...
pappu
11-10 12:07 PM
jimi i will be communicating with you soon. i am travelling at this time but soon will touch base to get this rolling. thanks for your efforts
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xela
07-27 11:31 PM
for what it s worth here is my experience with ohio bmv
i brought h1b approval till feb st 2010 and receipt notice for I 485 and employer letter till feb 1st 2010. I dont have ead or ap.
they told me that cus of i485 i can only get dl for 1 year, however with the employment letter they did give it to me till feb 1st 2010
i brought h1b approval till feb st 2010 and receipt notice for I 485 and employer letter till feb 1st 2010. I dont have ead or ap.
they told me that cus of i485 i can only get dl for 1 year, however with the employment letter they did give it to me till feb 1st 2010
more...
psvk
07-11 11:08 AM
Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!
Nothing against EB2 or other, at least let them enjoy the freedom.
It is really frustrating, because of the mistake by the attorney or stupid company policy etc, people like us with pd 2001 etc waiting on EB3. In my case I had PG with 7 yrs exp when filing, but for the stupid lawyer and company policy. putting aside the original classification of categories, given the present scenario, Not sure what way EB2 is better than EB3
Nothing against EB2 or other, at least let them enjoy the freedom.
It is really frustrating, because of the mistake by the attorney or stupid company policy etc, people like us with pd 2001 etc waiting on EB3. In my case I had PG with 7 yrs exp when filing, but for the stupid lawyer and company policy. putting aside the original classification of categories, given the present scenario, Not sure what way EB2 is better than EB3
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go_guy123
03-12 11:58 PM
My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.
RFE email on 02/13/09
2nd Biometrics Notice received on 02/17/09
Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
Completed Code 3 Biometrics on 02/26/09
Soft LUD immediately after Biometrics on 02/26/09
USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
Another soft LUD on 03/02/09
CPO email on 03/10/09
Welcome email on 03/10/09
My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.
I am a bit curious. How did you manage to stay in same company for 7 years. Or did you do labor transfer or changed company using EAD/AP.
RFE email on 02/13/09
2nd Biometrics Notice received on 02/17/09
Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
Completed Code 3 Biometrics on 02/26/09
Soft LUD immediately after Biometrics on 02/26/09
USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
Another soft LUD on 03/02/09
CPO email on 03/10/09
Welcome email on 03/10/09
My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.
I am a bit curious. How did you manage to stay in same company for 7 years. Or did you do labor transfer or changed company using EAD/AP.
more...
mw_immi
01-07 12:47 PM
Just send your I-140 approved docs to the bank. I got the approval with my I-140 itself
Who is your banker? I locked in my rate with BOA & after 4 months they say unapproved. I am on EAD (expired H1B and I-94), AOS pending. I gave I-140, I-485 receipt, EAD, attorney letter but nothing worked.
Who is your banker? I locked in my rate with BOA & after 4 months they say unapproved. I am on EAD (expired H1B and I-94), AOS pending. I gave I-140, I-485 receipt, EAD, attorney letter but nothing worked.
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austingc
04-28 01:56 PM
its generally the case, where these loan officers doesn't understand the Immigration process.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
Dont worry. I mortgaged through BOA and everything went well with my AOS and I am closing next week.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
Dont worry. I mortgaged through BOA and everything went well with my AOS and I am closing next week.
more...
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parvatneni
09-10 11:50 PM
Hello november
Are u sure that "http://mumbai.usconsulate.gov/cut_off_dates.html" is not any error ?
If yes! How come china status is not indicated explicitily as is indicated in travel.state.gov?
Does any one have previous month cut off date from this site ?
I am fairly new to this forum -Excuse my ignorence incase if this does not make any sense.
Are u sure that "http://mumbai.usconsulate.gov/cut_off_dates.html" is not any error ?
If yes! How come china status is not indicated explicitily as is indicated in travel.state.gov?
Does any one have previous month cut off date from this site ?
I am fairly new to this forum -Excuse my ignorence incase if this does not make any sense.
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needhelp!
09-10 03:30 PM
prasad_nsvd@yahoo.com, akr_roy, vinod_gvk, spce94mech, subujee, babu123, leo2606
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new_horizon
03-12 01:16 PM
I fully support this donor forum. there should be some incentive for members who donate. they are not doing it because they have lots of money to spare, but they sacrifice because they believe in this cause. I don't think $25 is going to break anyone's bank. Just sacrifice something that you consume/enjoy every week, and donate that.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
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javaconsultant
10-31 12:09 PM
Guys,
Do you know any knowledgable and experienced Immigration Attorney in Southern California ?
I want to discuss my work options (self-employment or change of employer/Change of job description - Developer to Team Lead etc.)
pls. share your experiences and recommendations.
Thanks.
Do you know any knowledgable and experienced Immigration Attorney in Southern California ?
I want to discuss my work options (self-employment or change of employer/Change of job description - Developer to Team Lead etc.)
pls. share your experiences and recommendations.
Thanks.
more...
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va_dude
03-04 10:06 AM
I don't think this is a pattern, its probably specific just to the lender you were working with.
Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
Try another lender and hope it works.
-va_dude
Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
Try another lender and hope it works.
-va_dude
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h1techSlave
05-15 06:15 PM
I was trying to get the loan thru NVR Mortgage. Because of my wife's EAD status, we could not get the loan from NVR.
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
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makemygc
07-06 01:15 PM
Today.. 12:00 EST:)
SKD's next question should be, what was he wearing when you talked to him? Hope he was not in his sleepwear..just waking up from his beautiful dreams.:o
SKD's next question should be, what was he wearing when you talked to him? Hope he was not in his sleepwear..just waking up from his beautiful dreams.:o
nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
arunmohan
07-11 02:49 PM
paskal, thanks for the reply. whats very frustrating for me is, these guys mess up so badly and they get away with no trace , we all know that this happened in the past and probably is happening currently too. All we are asking is a fair FIFO method and proper usage of visa numbers with transparency. The mere fact that they are not transparent raises many doubts in many minds. And these questions are not coming from those people who filed for their greecards an year or 2 ago..i just read a post in this same thread that this person has been waiting for his green card for 10 years...this is the height of ridiculousness and there is a limit for our patience, and this is it...
Thanks Paskal, atleast he is going to ask from members of IV who are in touch with USCIS about EB3 situation. I will still urge to IV team to use FOIA to find out EB3 situation. We need to know the number because I know people who ever filed I-485 before Dec 31, 2004, most of them have received GC in June/July 2007.
We don't know when this date is going reach 2003 or 2004 because it was stuck Nov, 200 before it became unavailable. Most of EB3 folks were and are entitle to EB2 but due attorneys and company's policy we filed under EB3. Since most of us are working on EAD and we cannot convert EB3 to EB2. If some one have option to convert from EB3 to EB2, we don't know how long it will take(due to backlog of I140) and what could be the endresult. We need to stand together and need to find a possible option to do something. Otherwise we are in deep mess and we will in deep mess after 2 years or 3 years.
Please give us your feedback.
Thanks Paskal, atleast he is going to ask from members of IV who are in touch with USCIS about EB3 situation. I will still urge to IV team to use FOIA to find out EB3 situation. We need to know the number because I know people who ever filed I-485 before Dec 31, 2004, most of them have received GC in June/July 2007.
We don't know when this date is going reach 2003 or 2004 because it was stuck Nov, 200 before it became unavailable. Most of EB3 folks were and are entitle to EB2 but due attorneys and company's policy we filed under EB3. Since most of us are working on EAD and we cannot convert EB3 to EB2. If some one have option to convert from EB3 to EB2, we don't know how long it will take(due to backlog of I140) and what could be the endresult. We need to stand together and need to find a possible option to do something. Otherwise we are in deep mess and we will in deep mess after 2 years or 3 years.
Please give us your feedback.
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