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  • 485Mbe4001
    09-27 02:41 PM
    Thanks, this is good information.
    Do you know if WOM can be filed only when the PD is current. After reading this article i feel so.

    http://www.ailf.org/lac/lac_pa_chrono.shtml

    http://www.ailf.org/lac/mandamus-jurisdiction9-24-07%20PA.pdf





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  • jsb
    10-12 03:32 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D

    CADude,

    Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.





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  • indianabacklog
    10-09 05:08 PM
    Don't bother to ask anything about CP for people just don't care to respond!

    I have tried enough on every forum including this (even whe we need a genuine information and not just predictions).

    No one to be blamed! But relax, there will be a time for CP guys too!

    Maybe people are not responding on the basis that they do not have any knowledge of consular processing.

    I think majority of people on this forum are in the US and are adjusting status. Surely you would not want answers that were wrong or misleading.





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  • chanduv23
    06-18 11:00 AM
    I am not on L1, neither do I work in the kind of an assignment which will come under the radar due to this - but have many friends on L1. Hence I think I may have a slightly more balanced and perhaps somewhat sobering POV on this.

    Since I have many friends on L1 - I know pretty well how they are abused by their employers. Just the fact that you cant quit the employer enables some forms of abuse so subtle that they will not stand in any court of law. So I hope for the sake of people on L1, and to uphold the rule of law - that this abuse stops. If it does - their employers would be forced to bring them in H1 - which is far less prone to abuse due to the portability.

    However, the current "run to the DOL/ICE" approach that you guys are taking may have repurcussions well beyond you had bargained for. Think of it from the POV of a client manager (lets take the example of, say, a goldman manager). He has his hands full of sucking up to his boss, playing the internal politics and in his spare time doing some work. 99% of them (even those who actually immigrated themselves) have no appetite to get into the details of immigration law. So, as soon as there is a backlash on this - their immediate response would be to take the safest route out and require Citizenship/GC for all positions.

    As soon as that wave starts - many of us are going to get burnt. Many of us who have EAD, including yours truely, would probably be able to sneak through without too much of an issue (since it is illegal to discriminate against EADs) - however, many others who are not so fortunate would probably not fare so well. Most probably what will happen is that as soon as a recruiter sees brown skin and hears some trace of an accent - alerm bells would go off in the mind to check if this guy is GC holder or a citizen.

    The enabler of the L1 abuse is the non-portability of these visas. We cant do much about that in the current environment. But going all gung ho in terms of enforcement right now -when there is a recession in full swing - may not be in the best interest of any of us.


    The issue is that a lot of people on L1 come to US with an intent to *immigrate* permanantly and are not aware of the complexity inthe law. They think that they can wait it out by staying with their employer till the GC comes and thus are subject to exploitation.

    So many people on l1 actually look for h1b jobs and move on towards working towards their citizenship.

    While everyone want to immigrate to the US - which is the case with everyone - one also has to understand the law and work through the law - it is hard - but believe me folks - it is rewarding too.



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  • SunnySurya
    08-07 11:33 AM
    Good for you...
    People there are thousands of cases like this. Most of them in 2002,2003,2004 and 2005 range..SunnySurya and Rollling_Fraud,

    Good news for your guys. I am EB3 but recently my labor got approved in EB2 and very soon I am going to port PD from old labor. :DHa..:Dha..:Dha..You can�t stop me and very soon I am going to stand in front of you in EB line.

    Note: Please post your reply ASAP. I am compiling your posts and will send this in �Best Joke of the Year� challenge.





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  • akred
    01-24 04:43 PM
    last i checked - there are plenty of flights between JFK/Newark and all major cities including Boston.

    also - all airlines work on a hub and spoke arrangement

    +1.

    One thing to realise is that direct point to point flights will take a while, and even then there is no guarantee that you will want to fly it because it may not be economical or convienient.

    And the absence of point-to-point flights has more to do with the airlines following a hub and spoke model than with any government restrictions. Point to point flights were identified as a core part of Boeing's product strategy only recently. The situation should improve over the next few years as airlines take delivery of new models, but until then we are stuck with the hub and spoke arrangement.

    We were very satisified with Continental even though we flew Seattle->Newark->Mumbai.



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  • fcres
    07-31 03:44 PM
    1. If a Receipt Number is issued for a I-485, does it necessarily mean that the case won't outright be rejected for a missing document/ evidence, but instead an RFE will be issued?
    2. When a receipt number is issued for a I-485, and if we send out the missing document/initial evidence using the allocated A#, is there a good likelihood that the evidence/document will make it to the appropriate file?

    Answers to these will help make a decision on filing multiple I-485's where the first I-485 missed some initial evidence.
    Thanks!

    One more thing: I was about to make another private consultation call today. I pledge contributing $200 if I find a concrete answer to this issue without having to consult one more lawyer.

    My laywer ( a known one, but not the regulars here) also didn't include EVL. When i asked him about it, he said whether we include it now or not, they will issue an RFE at the time of adjudication. I was content with that, but after reading about it more here, i pressed him again about the issue and the new memo. He said he does not foresee a denial because of this, but if i'm worried we will send the EVL along with a cover letter and the RN. But filing another 485 is not advisable. I'm working on the EVL, and once he is less busy after Aug 17th i will ask him to send it. And i hope it will make it to the right file if we include the RN and A#, just like replying to an RFE.

    btw, to answer #1, i did get RN so i would think the case may not be outright rejected for missing evidence. I did FP and my LUD was changed for 485 and 131. I filed 765 later and that also has an LUD after FP.





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  • ras
    10-05 03:20 PM
    Vonage won't affect any wireless connections.
    Do you use a cordless phone ?
    The wireless transmission from your cordless phone maybe affecting the transmissions from your wireless router.
    Yeah, am using a cordless phone. I dont remember but even with corded phone I guess I had this issue. And the cordless phone is DECT 6 phone which shouldn't interfere with the wireless connection that is at a different frequency.

    And what alternatives do you feel could solve this problem?



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  • Saralayar
    01-15 07:47 PM
    I thinks its a better idea to post URL for your idea.
    Till now I do not see any one voted up for this. It is very sad that our own community is not supporting this. If you are not able to search for it in change.gov, give the complete title and see.
    Citizenship if you have lived legally in this Country for 10 years continuously (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel)

    Guys Vote... Vote ... for us, for our kids....





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  • srikondoji
    06-29 04:54 PM
    Let us call rumors as pure rumors, even if they are from individuals here on IV or from aila until the official agency release their report.

    Let us step back a bit and analyse it with just common sense.

    USCIS and whatever that other agency is, is not a fool to release a july bulletin and make everybody current. If they have made all categories current in the hope that they want to utilize all visa numbers then this is the height of stupidity. If that was their intent, they could have moved dates 2-3 months each month starting july till September.

    They should have prepared themselves for the flood of applications starting july 1st, and that is the reason for suspending the premium processing.

    Make PD's current and then goingback in just couple of weeks doesn't make sense at all.
    If someone has done this in haste then i doubt the overal integrity of this organization and its continuity.

    When i started the rumor of possible mid july retrogression, then that was based on the flood of applications that would go by july 2nd week. I am surprised that people are now talking monday or tuesday retrogression and a possible fresh bulleting from USCIS.

    Who would know the fresh july bulletin updates from USCIS other than USCIS and why would they leak that information before hand?
    Why should we beleive aila?

    Do an independent and individual assesment of this issue and go have a beer for the weekend.



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  • gc_nebraska
    08-13 04:49 AM
    hi,

    just wanted to see if anyone who is in a similar situation as me but is current got their GC recently, in july or aug 2010.
    I got married in june 2007, just prior to the july fiasco. I was able to file for AoS in july 2007,
    and soon after got an RFE for evidence of marriage for my wife. We responded to the RFE immediately, and since then, my case status says "initial review" while hers says "we received your response to the RFE", dated sep 2008.

    I will be current next month - just wondering whether the RFE processing might end up taking a lot of time and thus spill over into next FYs visa bulletins (which have a small chance of retrogressing back by a few months presumably).

    Has anyone who received their GC in the past few weeks been in a similar situation with status shown as "received response to your RFE" but no updates since....and still gotten their GC soon after their dates became current?

    any data points will be helpful.
    thanks,
    -fb
    Hi Foobar ,Mine is excatly the same case as yours , as of this month iam current so far no luck but will let you know with any updates .. good luck .





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  • Hunter
    05-11 12:14 AM
    What are you showing hunter here? American hipocracy & bigotry in full light? How is your culture any good with what you have posted?
    Oh, did that comment on Brahma and Saraswati incest hurt you? tsk, tsk, tsk.. too bad.

    Well, you should have read and responded to the comment before that before pretending to be hurt about my response. I didn't start it.

    If you are ready to make such bigoted comment, NEVER expect that you can get away that. Believe me, internet is limitless and I can shovel dirt about India in this forum, if I want to with a google search(which is not my intent here)



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  • desi3933
    06-18 11:43 AM
    No - I am not suggesting that!!

    Good to know that.

    What I am suggesting is that the right time to take this up is when a recession is not in full swing. Between 2004 (when this law was enacted) and 2007 was a great time to pick this battle. Maybe another year down the line would also be a great time to pick it. Picking up this particular battle right now would probably make YOUR and MY lives much more difficult in the medium term.

    I disagree. By not reporting the fraud at workplace, it puts rest of workforce not at level playing field.

    Like you and the OP - I am a selfish individual. I will pick up only those fights which are in my interest. I believe that this particular fight is a lose-lose proposition in the current climate. I am disputing your (and OPs) belief that this will be beneficial for you/me/rest of us.

    Lets take the example of the same Goldman Sachs manager. Tomorrow ICE comes to him and says you need to get rid of these 50 guys under you. What will he do? He cant increase the budget in the current environment. So he probably will hire a couple of GC holders/Citizens and replaces the whole division (with 50 GC/Citizens besides the 50 'violators') with an offshore team.

    You are right. If you are not impacted by fraud, one will be least interested in reporting the fraud. Only when you get impacted, the fraud appears real and serious.

    To give you example, There are only 3 people on H-1B at my workplace and none on L1 visa status, so no one cares here about this issue.

    BTW - I am a US citizen of Indian origin.


    Think about it!!

    Now is the time when everybody is thinking in terms of cost cutting. If you create costly disruptions now - then either the company becomes GM and lose out to overseas competitors or migrates the entire division out.

    Taking your example further, due to budget constraints, the manager will be more inclined to replace workers to L1 workers to save cost. Do you want this? This will impact people in short term.


    .





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  • gene77
    08-20 01:53 PM
    I'm at Oct 2004 (EB3-I), 35 years for me .... you don't say!

    No seriously guys, 'spatial' brings up a good point; the laws are up for interpretation by the USCIS.



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  • h1techSlave
    03-25 07:30 PM
    Using the same logic, they can avoid interviewing an African American.

    I think we all should get together and file a class action law suit against those companies.

    Yes, This comes into picture once company decides to hire. Now hiring is teh last process and beofre that you get grilled in multiple interviews. Employer is tsill at liberty not to interview EAD holder. If you are not interviewed, hiring would not come into picture and hence this text of law in I-9 form is worthless for you for that position. This I-9 text will only cover the situation for the period after hiring not before hiring.





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  • Brightsider
    09-25 11:12 AM
    I saw this link Murthy's email too. The total pre-adjudicated cases in the chart is matching with the total in the document. Well now there are more un-answered questions:
    1. Does all other pending 485 include employment based ? If yes what % are employment based ? Obviously we do not have any country specific data on these.
    2. Is there any way to know whether individual case is pre-adjudicated or not ?
    USCIS has fooled us again. No good statistical analysis can be done on incomplete/inaccurate data. I am going from hopeful to hopeless again. I am EB2-I Feb 2006.
    Thanks a lot for staying on top of this and posting your analysis.

    Guys,

    If I may suggest.
    Take a look at the pending 1-130 (Pref). Over 800k are pending and adjudication has been deferred in those cases. Those are FB cases for sure. Now if USCIS has deferred action in those cases, can we infer that all the 279k I-485 cases relate only to EB? Cant say for sure.
    However as it was pointed out in another forum, Texas and Nebraska process only EB cases. In their cases, the rate of preadjudication is very high....over 90% in Texas. I cant fathom the Nebraska numbers.
    The preadjudication numbers, in my opinion, are of the EB cases. The data, on the whole, needs to be explained by USCIS, better.



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  • amitjoey
    07-11 01:31 PM
    16th most recommended news read:
    Can we make it in the first 5?


    http://fe35.news.sp1.yahoo.com/i/1760





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  • angelfire76
    04-24 06:37 PM
    May I ask your immigration status. I believe you already got your GC and roaming around here just beat shit out of others. Each and every of your post is convincing me in that direction only. You would be happy to see the H1 guys thrown out from here. So it will increase your demand and you can make more money. What kind of person you are. is there any difference between you and anti-immigrant. Or are you that coming with Indian name to make fool out of us.

    If you dont believe me, you read all your posts again. You are always talking about banning desi consultant. You are more than welcome for that. But you did you even thought about a second for guys who are genuine and unfortunate to work for them.


    People are already stressed out. If you got your GC please go-away and enjoy your freedom.

    Probably a labor sub guy who got his GC by accident and now can't land a job due to a non-existent skillset. Now how do you market yourself when you are the crappiest product: get rid of the competition and be the only show in town. :rolleyes:





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  • k_usa
    06-27 01:42 PM
    Hi ,
    I left the SSN for my wife blank in I-765
    My attorney told me to fill in ITIN # if available.
    My wife is on H4 and she do have ITIN#.
    I am confused.
    Can anybody please clarify.

    Thanks In advance


    ========================
    Contribution so far - $100





    CADude
    09-24 08:44 PM
    Just Now, I received a call from congresswomen staff. She was able to get some standard response from NSC via congrees inquiry cell at NSC[she read for me]. Still 26000 application are pending NSC prior to July 17th filer. I asked again and again same question, How they can enter data for Aug first week before July 2nd. What about FIFO? She was repeating again and again what response she got from USCIS. I was able to get I-765 # from her. I asked her how come 765 (LIN#) is possible without 485 data[she don't understand inter-dependency of application]. Stange but something is better than nothing. I will write again for FIFO. I don't want USCIS actions go unnoticed. I will do my part.

    I am happy congresswomen staff did some inquiry. I will post when i received copy of USCIS official reponse to congresswomen by post/email.





    grupak
    08-21 12:23 PM
    EB3 will not any visa from recapture bcoz it will go to EB2 first. EB2 line is not going to clear in next 10 years bcoz nowadays everybody applies in EB2 and as they move VB forward for EB2, more and more people apply for AOS and it never ends.

    So EB3 won't be benefited by recapture unless there is a clause specifically for EB3 allotment out of that recapture

    We need some numbers to back this up. I think you are saying EB2 will not become current even with the recaptured number. There is another thread for requesting numbers from USCIS about pending applications per category, per country. So, participate in that campaign as well.

    We need the numbers. I would have guessed roughly 50% of pending 500K applications are from India, 50% of that is EB2, so recapture of 200K visas should help.



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