snathan
02-10 10:11 PM
I will. Thanks for rounding up.
I am still waiting to see your contribution....Do you need any help to write the check
I am still waiting to see your contribution....Do you need any help to write the check
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p1234
09-13 06:46 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
addsf345
11-24 03:36 PM
Here is the link to USCIS AC21 memo from 5/30/2008:
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
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everonh1
07-22 12:45 PM
Found another discussion on interim EADs here:-
http://immigrationvoice.org/forum/showthread.php?p=128691
If you can get interim EADs,then local USCIS office will be backlogged with numerous applicants after November 07.
http://immigrationvoice.org/forum/showthread.php?p=128691
If you can get interim EADs,then local USCIS office will be backlogged with numerous applicants after November 07.
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
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 person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
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.
franklin
07-16 01:59 AM
...let your Nor Cal members know - I'm trying to prepare a comprehensive document with lessons learned from the San Jose rally. Sort of a post mortem "what went right, what went wrong, how to improve" thing. It may take a few days, as we are all recovering and catching up!
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
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jayleno
10-20 10:44 AM
The thread needs to float on top
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Milind123
09-17 11:49 AM
It is not my intention to make anyone feel guilty. Taking you there doesn�t solve my purpose. It is very momentary and there is a sense of regret for both of us, if this happens. You will repent for pulling the trigger and I will repent for not trying hard enough to make you see things the way I see it.
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chanduv23
05-15 07:39 AM
There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.
Bigboy - those were good enough to help us reach Ombudsman's office and the result of those campaigns was that the Ombudsman's office now have a page on their website addressing this issue. Not sure how much it is helping though but as such, if anyone is having case problems, they have to contact the Ombudsman because their office is officially supposed into case problems and am sure - they have their liason at the service centers who may monitor such decisions at an individual case level.
Not quite sure why these things are continuing to happen.
Bigboy - those were good enough to help us reach Ombudsman's office and the result of those campaigns was that the Ombudsman's office now have a page on their website addressing this issue. Not sure how much it is helping though but as such, if anyone is having case problems, they have to contact the Ombudsman because their office is officially supposed into case problems and am sure - they have their liason at the service centers who may monitor such decisions at an individual case level.
Not quite sure why these things are continuing to happen.
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lonedesi
08-14 02:25 PM
Has any of the members who sent out the letter & Form received any response from Ombudsman's office. Please post as and when you receive any response.
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GC08
06-02 02:57 PM
Who knows what is going to happen? Look at the mess we have now... who can tell that they are not going to create more mess this time ... esp. for those who stay in the line and wait, wait, wait ... forever!
I have to agree with what someone on this forum said before... being legal, being patient and being nice does not pay. :(
Look at the whole immigration debate, all the amendments proposed and all the special interests group... where were we put? Those stuck in the backlogs were never paid attention to.
Sorry for being pessimistic and negative... but if history provides any indication of the future, it definitely has clearly shows the imcompetence of all the government agencies involved (at best)... at worst, it is a total scam/conspiracy... be it government agencies (have you heard fee increases, wasted visa #s, forever renewals?), employers (have you heard blood-sucking employers), and even some lawyers.
Don't know about you. But I have lost confidence about the whole green card thing. :(
I have to agree with what someone on this forum said before... being legal, being patient and being nice does not pay. :(
Look at the whole immigration debate, all the amendments proposed and all the special interests group... where were we put? Those stuck in the backlogs were never paid attention to.
Sorry for being pessimistic and negative... but if history provides any indication of the future, it definitely has clearly shows the imcompetence of all the government agencies involved (at best)... at worst, it is a total scam/conspiracy... be it government agencies (have you heard fee increases, wasted visa #s, forever renewals?), employers (have you heard blood-sucking employers), and even some lawyers.
Don't know about you. But I have lost confidence about the whole green card thing. :(
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I_need_GC
02-20 10:22 AM
Today I got a LUD on my AP. Documents mailed. Finally after 2 weeks of waiting time. Nebraska center is slow really slow. But I am happy can now go on my business trip.
:)
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:
:)
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:
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Libra
09-10 10:51 AM
thank you glen and chiragmodi for your contributions. on receipt tracking thread people even thinking(may be later) of sacrificing animals for receipts but not contributing. so sick.
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indigo10
09-27 01:27 PM
Came to US on F1 - Dec 2002
Graduated - May 2005
Started working since - Aug 2005
First H1B screwed up by employer in 2005, applied new one in 2006 April
Transfer of labor (dated Dec 2006) in April 2007
Labor approved before July -2007 fiasco but did not apply I-485 to get married and be with family.
Married and Wife came on F1 - Aug 2009
Sticking with the same employer since 2005.
Waiting for my priority date to be current and hoping coming July will bring cheers.
Graduated - May 2005
Started working since - Aug 2005
First H1B screwed up by employer in 2005, applied new one in 2006 April
Transfer of labor (dated Dec 2006) in April 2007
Labor approved before July -2007 fiasco but did not apply I-485 to get married and be with family.
Married and Wife came on F1 - Aug 2009
Sticking with the same employer since 2005.
Waiting for my priority date to be current and hoping coming July will bring cheers.
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chanduv23
05-18 03:39 PM
ANOTHER UPDATE
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
That is a standard message. Basically yur 485 has been reopened. Unless your priority date is current there is nothing much they can do, but if there is a need for RFE, they will send you RFE.
Congratulations. This is a standard message your case has been reopened. You must celebrate this moment.
Unless your MTR is approved, your case does not get reopened. So your MTR is also approved - usually they do not update those messages on the online system properly and thats why we do not see them.
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
That is a standard message. Basically yur 485 has been reopened. Unless your priority date is current there is nothing much they can do, but if there is a need for RFE, they will send you RFE.
Congratulations. This is a standard message your case has been reopened. You must celebrate this moment.
Unless your MTR is approved, your case does not get reopened. So your MTR is also approved - usually they do not update those messages on the online system properly and thats why we do not see them.
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seahawks
07-17 11:42 PM
receipt date if your PD is current.
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praky
09-11 04:30 PM
Count me in. I think effort will be worth if we have more IV members participating.
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suriajay12
03-05 08:53 AM
Who knows, maybe Obama is preparing for CIR 2009 now. Before CIR he maybe planning to push all legal EB cases. Remember July 2007 fiasco happened in the backdrop of CIR 2007.
My guess.
My guess is , The new president appears to be strict. So his question to the department very soon will be "What the heck you've been doing with all these cases not touched so far. So they want to do their part even before the big boss asks them. So that way the only issue will be lack of numbers, else everything is ready and look, we did our job. We're very efficient :)
My guess.
My guess is , The new president appears to be strict. So his question to the department very soon will be "What the heck you've been doing with all these cases not touched so far. So they want to do their part even before the big boss asks them. So that way the only issue will be lack of numbers, else everything is ready and look, we did our job. We're very efficient :)
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ashutrip
06-22 10:35 PM
Is it true that people who have applied in march are screwed....as per on blog website.....March applications are on hold....they have divided the applications in two batches
1. Jan thru March
2. April thru June
if its tru its bad news for we march guys
1. Jan thru March
2. April thru June
if its tru its bad news for we march guys
j_bhardwaj@yahoo.com
07-14 02:50 PM
contributed $10 for me and my wife
texanguy
09-10 05:25 PM
i think they will have to wait till the end of the quarter to assign that quota, how would they know about the number of the prospective applicant ahead of time? They first have to make sure that "current" status people should get a visa number. Not a fact i like, but thats the way it is...
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
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