nat23
04-05 05:19 PM
Let's assume the date moves to Aug 07 by September of this year.
What will happen after that? I mean what would be the rate of movement
What will happen after that? I mean what would be the rate of movement
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bkn96
11-19 04:57 PM
How is the response for MTRs sofar? are they (USCIS) accepting the error and reopening the 485
SunnySurya
08-07 02:38 PM
I think, you meant earlier. No I won't because it won't yield anything. Its water under the bridge.
EB2 folks with PD 2006 and later and also those in TX center, beware!
He might file a lawsuit against you guys as well for 'skipping' the line.
LOL.
EB2 folks with PD 2006 and later and also those in TX center, beware!
He might file a lawsuit against you guys as well for 'skipping' the line.
LOL.
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nrk
10-16 10:27 AM
Hi I called TSC yesterday, when i tried to inquire about is my case is pre approved or not, it seems the representative does not have any idea about it. and he just opened a service request and gave me a number.
Is this the way you guys get to know that your case is pre approved or not, or do i need to do some thing differently.
Is this the way you guys get to know that your case is pre approved or not, or do i need to do some thing differently.
more...
whitecollarslave
04-17 06:26 PM
8 USC 1324b
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
(A) because of such individual’s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.
(3) “Protected individual” defined
As used in paragraph (1), the term “protected individual” means an individual who—
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
(A) because of such individual’s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.
(3) “Protected individual” defined
As used in paragraph (1), the term “protected individual” means an individual who—
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
miapplicant
09-24 08:41 AM
I just called USCIS and they asked me to wait for 90 days. Our application was recd on July 23rd by B.GERKENSMEYER at NSC. She said that NSC has is processing Dec 21, 2006applications now. Couldn't give me an answer when I told her that USCIS website is showing dates of Aug 9th, 2007 as of today.
more...
royus77
06-29 07:30 PM
For the nth time.. numbers are reduced only after approval and not based on receipt of application. So if you can submit it on July 2nd you submit it on 3rd and so on.
485 Approvals are coming in thousands every day ( as per the increasing activity on pending 485s)...and DOS can any day suspend if they think numbers are over ..so if you are lucky on 2nd you are in and so on ..remember GCs are not only approved in US only it been happening at all the visa posts all the world
485 Approvals are coming in thousands every day ( as per the increasing activity on pending 485s)...and DOS can any day suspend if they think numbers are over ..so if you are lucky on 2nd you are in and so on ..remember GCs are not only approved in US only it been happening at all the visa posts all the world
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stuck_here
02-08 04:11 AM
1-2 weeks if u r unlucky, 1-2 months if u r extremely unlucky, 2+ months if u r as unlucky as me !!
:mad:
On FEb 4th my wife and myself went for H1-B visa renewal interview at Chennai Consulate. Both visas got approved. My wife passport was returned with in 3 days. It seems they have found her petitition online. My passport stuck with consulate. I called consulate today, and they have asked me to call back next week end. She said they were not able to locate my petition online.
How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.
:mad:
On FEb 4th my wife and myself went for H1-B visa renewal interview at Chennai Consulate. Both visas got approved. My wife passport was returned with in 3 days. It seems they have found her petitition online. My passport stuck with consulate. I called consulate today, and they have asked me to call back next week end. She said they were not able to locate my petition online.
How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.
more...
jayleno
11-07 01:24 PM
e-mailed you the docs.
at baleraosreedhar @ yahoo dot com
Thanks
Sreedhar
at baleraosreedhar @ yahoo dot com
Thanks
Sreedhar
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rockstart
06-10 01:25 PM
I think this is a good initiative. If we see visa violations being done we need to report it. The reporting has nothing to do with India Indians or Indian companies. I am sure Cognizant IBM CapGemini are as good or bad as TCS Wipro or Infy. Plus people opposing this should realize that these same L1 are applying under EB1 category by utilizing the loophole and this is one of the bottleneck for people like us who are playing by rules. They are also violating wages standards and pulling the market down. So I do not see any reason to discourage people from reporting against malpractices in H1 L1 J1 or B1 visa.
more...
gc28262
09-09 02:50 PM
Called all except Steve King.
called my local congressman too.
called my local congressman too.
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MeraNaamJoker
08-19 01:50 PM
got the actual cards today.
CPO email: 08/06 (online case status: Card/Document Production)
approval notice email: 12 hrs later (online case status: Decision)
soft LUD: 08/09
approval notice snail mail: 08/13
"green" card: 08/19
Congratulations!!!
CPO email: 08/06 (online case status: Card/Document Production)
approval notice email: 12 hrs later (online case status: Decision)
soft LUD: 08/09
approval notice snail mail: 08/13
"green" card: 08/19
Congratulations!!!
more...
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hoolahoous
08-17 12:54 PM
I got email for decision/post decision about a week back but no CPO email yet.
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radhay
06-29 04:08 PM
same thing from my law firrm..
"I have received the following update from the American Immigration
Lawyers Assoc. regarding the July quota:
Update on July Visa Availability
We are hearing from multiple sources that, on Monday or Tuesday of next
week, State Department plans to issue a revised Visa Bulletin for July
2007. This revised Bulletin would retrogress some or all of the
employment-based categories, very likely to the point of unavailable.
Reports from AILA members about unusual levels and types of activities
by USCIS indicate a particular push to adjudicate employment-based
adjustments currently in the pipeline so as to exhaust visa numbers for
fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3
"Other Worker" adjustment applications even though the Visa Bulletin
showed an October 2001 cut-off date, on the basis that the "Other
Worker" numbers for the year had been exhausted."
What the heck?????
"I have received the following update from the American Immigration
Lawyers Assoc. regarding the July quota:
Update on July Visa Availability
We are hearing from multiple sources that, on Monday or Tuesday of next
week, State Department plans to issue a revised Visa Bulletin for July
2007. This revised Bulletin would retrogress some or all of the
employment-based categories, very likely to the point of unavailable.
Reports from AILA members about unusual levels and types of activities
by USCIS indicate a particular push to adjudicate employment-based
adjustments currently in the pipeline so as to exhaust visa numbers for
fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3
"Other Worker" adjustment applications even though the Visa Bulletin
showed an October 2001 cut-off date, on the basis that the "Other
Worker" numbers for the year had been exhausted."
What the heck?????
more...
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bank_king2003
08-16 05:44 PM
My case is at the local USCIS service center. I opened an SR on Aug 12 and got an email response encouraging me to apply for an Infopass appointment: "We have determined that your case would have a better result if you make an appointment to visit your local office, so you may speak with an Immigration Services Officer about your case."
I now have an Infopass booked. Let's see what happens. My case is pre-adjudicated since we had an interview two years ago.
Should it go any further this way, can anyone please explain the process of Ombudsman / Congressman / Senator et al?
Thanks in advance.
:confused:
hello, my case is exactly same. lying in uscis san francisco office. interviewd 2 years back.
still waiting. i took an infopass at the local office but no use. the IO told me wait for 60 days and you would hear something.
which local office is you case lying ?
I now have an Infopass booked. Let's see what happens. My case is pre-adjudicated since we had an interview two years ago.
Should it go any further this way, can anyone please explain the process of Ombudsman / Congressman / Senator et al?
Thanks in advance.
:confused:
hello, my case is exactly same. lying in uscis san francisco office. interviewd 2 years back.
still waiting. i took an infopass at the local office but no use. the IO told me wait for 60 days and you would hear something.
which local office is you case lying ?
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EB2DEC152005
08-12 03:01 PM
Did any body filled DHS-7001 form? I have some questions about steps 10,11,13,14,15,16,17. What options to choose? Please help me.
more...
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buaya00
09-11 04:49 PM
Looks like the HR has adjourned till Sep 22 without HR5882 being discussed. Are they putting it off for later this year or next?
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kanchiru
09-28 12:05 PM
Hi ,
My priority date is March 26th 2006 and current for month of September.
I created a SR on 09/14 and got the following response today.
"
Service records indicate that your application is pending and waiting assignment to an officer. You will be notified when a decision has been made or if additional information is needed. If you do not receive a decision or other notice of action from us within 60 days from the date of this letter, please contact customer service to complete another service request
"
I would appreciate if someone can interpret the message.
-kanchiru
My priority date is March 26th 2006 and current for month of September.
I created a SR on 09/14 and got the following response today.
"
Service records indicate that your application is pending and waiting assignment to an officer. You will be notified when a decision has been made or if additional information is needed. If you do not receive a decision or other notice of action from us within 60 days from the date of this letter, please contact customer service to complete another service request
"
I would appreciate if someone can interpret the message.
-kanchiru
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krithi
08-19 04:19 PM
thanks a lot and my wife is in exact situation. This has made it very clear. Then i will suggest her the same ...enter on H4. Thanks a lot.
Best
Its a no brainer (enter on AP) and you definitely have to talk to attorney
Best
Its a no brainer (enter on AP) and you definitely have to talk to attorney
sammyb
01-03 10:37 AM
VO doesnt keep your passport if a via not issued at the time of the interview . He gives it back after the interview. Once you receive the email , you have to go the VFS office and then had in the passport.
I guess this is specific to Mumbai only .. for all other post in India, the consulate/embassy keeps the PP ...
Am planning to visit India during Apr-May time and wondering how to take care of the situation ... seems DHS/DOS/DOL/USCIS/Who ever implemented a process without having the proper infrastructure in place ... and again they take us for granted ... with limited number of vacation days in hand if we stuck because of the PIMS, this will be a difficult situation to handle ..
How the Kolkata consulate doing on this aspect ... can anyway share their experience there ...
Happy new year friends ...
I guess this is specific to Mumbai only .. for all other post in India, the consulate/embassy keeps the PP ...
Am planning to visit India during Apr-May time and wondering how to take care of the situation ... seems DHS/DOS/DOL/USCIS/Who ever implemented a process without having the proper infrastructure in place ... and again they take us for granted ... with limited number of vacation days in hand if we stuck because of the PIMS, this will be a difficult situation to handle ..
How the Kolkata consulate doing on this aspect ... can anyway share their experience there ...
Happy new year friends ...
pappu
01-07 07:12 PM
"Letter Template #1":
Date:
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
I write today to urge you to fix America’s broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged. If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America’s competitiveness, eliminate bureaucratic inefficiencies, and improve the quality of life for these legal, highly-skilled immigrants.
Attracting and retaining the best and brightest minds from around the world is in America’s best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated:
“The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals.”
You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken.
Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department’s mission.
The greatest impact of the broken green card process is borne by the legal immigrants and their families. The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs – even within the same employer – without starting the arduous immigration process over again, and subject to waits that grow longer and longer.
We implore you to exercise your authority to implement administratively these much-needed reforms.
• Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
• Revise the administrative definition of “same or similar” to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
• Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
• Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
• Allow visa revalidation in the United States.
• Reinstate premium processing of Immigrant Petitions.
I urge you to implement these administrative remedies without delay. Action is urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.
Thank you for your attention to this matter.
Respectfully,
<<Name>>
<<Address>>
<<Phone Number>>
Date:
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
I write today to urge you to fix America’s broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged. If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America’s competitiveness, eliminate bureaucratic inefficiencies, and improve the quality of life for these legal, highly-skilled immigrants.
Attracting and retaining the best and brightest minds from around the world is in America’s best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated:
“The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals.”
You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken.
Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department’s mission.
The greatest impact of the broken green card process is borne by the legal immigrants and their families. The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs – even within the same employer – without starting the arduous immigration process over again, and subject to waits that grow longer and longer.
We implore you to exercise your authority to implement administratively these much-needed reforms.
• Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
• Revise the administrative definition of “same or similar” to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
• Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
• Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
• Allow visa revalidation in the United States.
• Reinstate premium processing of Immigrant Petitions.
I urge you to implement these administrative remedies without delay. Action is urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.
Thank you for your attention to this matter.
Respectfully,
<<Name>>
<<Address>>
<<Phone Number>>
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