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  • SunnySurya
    08-07 02:07 PM
    The argument is same for why labor substitution was done away with. The bottom line is it was abused.
    but why do you think this is an example of the system being gamed?

    The IT consulting firm or whatever is willing to hire an experienced employee with more than X years experience for a job requiring more than 5 years experience. As long as this employer does everything by the book, and the prospective employee does everything by the book, what is wrong with this? Note that the prospective employee has still waited for about 5-6 years to get his GC, its not as if they are getting it within a year of applying.

    [Note that if the IT firm is taking any money from the prospective employee whatsoever for the labor application, then that is against the labor regulations (at least I think this was part of the new regulations that got rid of labor sub)]

    So where is the gaming? Also, assuming that you are saying the employer is taking money and creating artificial jobs then is this thing not a DoL and labor app problem as opposed to a lawsuit problem? I am confused. Please explain.





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  • needhelp!
    01-09 05:53 PM
    Those who already sent.. get your friends to send. Its great, I was planning to invite my friends over anyway, and I will get copies of the letter and have them sign it, and I will make it pain free for them and mail it for them as well. :)





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  • ncrtpMay2004
    08-07 07:47 AM
    Best of Luck.

    Before you file the law suit consider this,

    The system is designed to get GC faster to the smarter (EB1, EB2, EB3 etc) or the rich (Investor). Sometimes circumstances decide in which queue you start the journey, Employer, attorney, how many days left in h1b etc, etc, etc

    I do not like to jump queues and resent people who jump queues. But these are the people who look for opportunities and exploit them. These are the smart ones.

    System favors people who are skilled (higher the better), By finding (new Labor, new I140) and using an opportunity these people have proved that they are worthy of the faster queue (eb3 to eb2, eb2 to eb1 etc).

    What is wrong in rewarding the hardworking smart person with the original PD. After all that PD was established for that person(thank god LC sub is gone). That is the day an employer decided to sponsor GC for that person.

    I know you are asking
    �What about me, I was working hard in the University (MS/PhD)?�
    Your reward is you get to start the journey in EB2, 1 year+ in EAD and 6 years in H1. If you are really smart you would have got your employer to apply for GC with at least 5 years left on your H1 clock.

    The system is designed to create conflict.

    Having to exit the freeway to change lanes does not make sense to me.





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  • buddyinsd
    08-17 07:09 PM
    ...is getting approved. My case is with an IO since Aug 3 and going by the trend, I should have received an update by now (within 2 weeks of getting assigned to the IO). Not sure whats going on :( This is the worst ever wait in my life. Wonder when its going to end???



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  • akhilmahajan
    05-16 02:07 PM
    Thanks a lot for clarifying that. thats what i had in mind. but just wanted to confirm it.





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  • saileshdude
    09-13 10:39 AM
    Arewethereyet,

    In the email that you send to the streamline address, in the subject we have to write it in the format "I-485/MM". THe document says we have to write the month for "MM" but does not say whether the month is priority date month or the month that your PD will be current. What did you write?

    Thanks.



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  • Canadian_Dream
    06-29 07:39 PM
    Allowing to file on July 02 or July 03 depends on visa numbers available which in turn depends usage the preceding month. If all the numbers are used up (meaning Immigration Officers have requested visas from DOS in the process of approving pending I-485) they cannot allow anyone to file on July 02 or July 03 and so on.
    I guess currently race is on from USCIS to consume Visa numbers (40,000 or so) from DOS at unprecedented pace. That's why bulletin hasn't changed as yet. USCIS on its part is possibly trying to avoid flood of application at all cost, even if it requires working extra hours (and approving as many cases as possible) if it can save them later. DOS will NOT move the date back until the numbers are used up or near used up. I guess race is on....we will know on Monday. One way to know how true this is will be watching I-485 approvals from now till Monday. We are caught in the tug of war between USCIS and DOS. CIRCus isn't over yesterday....it is back in town again !!!

    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.





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  • mohican
    01-14 03:35 PM
    I finally got the letters and the root cause of my I485 denial. My previous employer informed that they used my approved I140 for another employee. As many of you might know this I140 substitution practice was a loophole until June 2007. These days companies can not do this any more.

    So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.

    Question to forum members:
    1. Are there folks in EXACTLY similar situation?
    2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
    3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
    4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.

    Best-
    Mohican



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  • pappu
    01-08 03:33 PM
    I will participate in this wholeheartedly. One suggestion to the admin: perhaps we can post this in other websites also like ? I know a lot of people use that site for posting problems etc and whoever is not in IV might also get to know about it.

    Good idea. Please feel free to post this information to as many websites, forums and blogs as possible. Please do not restrict yourself to websites in english language. If you know of websites in other languages frequented by EB immigrants, please post this information. The mantra for success in this effort is getting as many letters as we can.





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  • wolfsappi
    06-29 05:13 PM
    could any organization be more incompetent than USCIS. This is unreal



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  • wc_user
    01-03 01:49 AM
    I have decided to use AP and have cancelled my appt in Chennai.

    I have an appointment at Kolkata on the 11th. Scheduled to fly back to US on the 26th. Considering Martin Luther king Jr day it will be 9 working days. After seeing the PIMS delays, I am seriously considering return back on AP. Cannot take the risk of delaying the flight as I dont have vacations to hang around and wait for PP.





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  • aachoo
    11-23 03:51 PM
    You've already made one short term decision- home prices are rising let me cash in!! Note, I said home prices and not home values.

    Dont make another short term decision- everyone is walking away, let me do the same. No more debt- wow!!

    As others have said on this forum, there is no reason to exclude yourself from the legions of "fools" who caused the mortgage crisis.

    -a



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  • sakthikams
    04-25 02:32 PM
    from http://www.dhs.gov/journal/leadership

    below is the extract from above link...

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.

    Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.

    A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.

    I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:
    USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    USCIS is issuing employment authorization documents valid for two years, as needed.
    USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.


    Mike Aytes
    Acting Deputy Director, USCIS

    below is the extract from immigration-law.com

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009.

    This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources.

    gtThanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legi

    extract from http://www.dhs.gov/journal/leadership

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including




    Mike Aytes
    Acting Deputy Director, USCIS





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  • texanguy
    10-01 03:25 PM
    This point has been already discussed before.it was mentioned that married dependents can be added later on if their country of birth is different...

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    How come there is pending cases in 2007, 2008 and 2009 for EB2 and EB3 India?

    From the PDF I see the following

    EB2
    2007 after july fiasco - 559
    2008 - 178
    2009 - 9

    EB3

    2007 after july fiasco - 466
    2008 - 88
    2009 - 5

    My understanding is that the visa bulletin were never open for priorty dates from Aug 2007 to till date....EVER..

    I may be missing something..



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  • ruby
    06-20 07:51 PM
    I'm filling I-131 form and there is a question for which i need help. It asks for "Class of Admission" (Question 3). What it is? Is it H1B?

    Thanks in advance.





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  • h1bmajdoor
    01-10 08:12 PM
    That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.

    USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.

    Gurus, correct me if I am wrong.

    i am not a guru... but CIS can easily make things more difficult for you than congress intended.

    namechecks are not authorized by congress (for GC anyway), by CIS uses them to screw people anyway.

    "same or similar" in AC21 is a good enough clause. Do not needle them to come up with a rigid rule, because whatever they come up with will be worse than what you have now.

    At least now they have some leeway to help you, and you have _some_ chance to move in career.

    jeez...



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  • caliguy
    10-02 04:04 PM
    @ SOP

    Would appreciate if you could please let us know how you contacted Napolitano.

    I dont know what else I can do to have them look at my case, I have tried every possible avenue.

    Since you got a call from USCIS, I think its shouldnt be too long before your wife gets her GC.





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  • lifestrikes
    09-30 02:45 PM
    @ras

    Text from Lingo

    Calls to mobile phones, premium and special service numbers are not included in the unlimited international destinations. US includes AK, HI, PR, USVI and calls to cellular phones.

    It's better to find out what they consider as Premium and Special Service numbers.





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  • MeraNaamJoker
    08-18 03:20 PM
    On Aug 17th the message changed to "On Aug 16th Card Production Ordered...."
    when should I expect the card in mail?

    For me and my family, it took exactly 11 days for the cards to arrive after the CPO mail.

    6 days from CPO mail I got the Welcome Notice or Approval notice.





    chanduv23
    11-21 03:44 PM
    But haven't got response from NSC or Ombudsman..

    TSC people are thinking smart by sending "Contact Help Desk" letter
    to everyone.. They don't even see what's in the letter and why 100's of people sending same letter. Sigh.. :mad:

    Because - it is a legal issue and they have to deal with it carefully.





    looivy
    09-23 11:18 PM
    If USCIS recaptures lost visas (estimated to be in the range 300k-600k), all of us will be current. IV should start a drive to push for the recapture ....even if it is partial, it would help everybody in a big way.