Thursday, June 16, 2011

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  • bandya
    04-01 06:03 PM
    Sent both faxes 10 and 11 - State KS.





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  • prioritydate
    08-06 01:08 PM
    Did anyone got LUD on their I-140? I have an LUD on my I-140 on 04/20/2008. Most of the people got their LUD on 07/13/2008.

    Can someone please confirm if they have an LUDs in April 2008?





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  • dummgelauft
    11-02 02:32 PM
    I'm getting my bag of M & M's and box of Kleenex tissues ready.

    mit Weise sind die Sachen, sollten wir eine gro�e Menge Spiritus bestellen.Frustriert, ver�rgert, hilft dieses. Es regnet stark, und das dach war undicht!!





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  • waitingnwaiting
    11-12 09:45 AM
    That means Eb-2 I screwed....for several months.
    God bless all our Eb2-I guys.

    They are very much better off now. Their dates will be all current in one-two years. We in EB3 have to wait 20 years. So couple of month wait is nothing.



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  • niidawg3
    01-26 06:01 PM
    So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.

    My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing

    It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.

    I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"

    Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.

    I know i would have lost my job if i made such a life-altering and blatant error!!

    I cant believe an Infopass can't resolve this, and I need to go down the MTR route.





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  • gcisadawg
    03-27 01:09 AM
    We are like beggars in this country. This country and its people do not want us here and are doing everything permissible under law to throw us out of here (if no law then they just make one up).

    But we are such suckers that we do not want to leave this country and go back home. Gandhi fought to get rid of white masters but we were destined to serve one anyway. I don't understand why I don't live in my own country and contribute to its economy. Why am I tolling so hard to live here? I don't know when will my hard head understand this silly concept.

    The reason is...probably we are not toiling that hard....As long as one has a paying job, things go reasonably smooth.....and we dont toil as much as it is made out to be.
    The issue comes only when one loses the job...and had to play catch-up with immigration to keep us in status.

    That is also the reason why you don't get mass participation in legal immigration activities.
    I presume people are just happy with the status-quo! They think of going that extra length only when that status quo gets disrupted..

    My 2 cents!



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  • VSS2007
    06-26 04:12 PM
    Could you please send to me also?


    Send you a PM also.





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  • maddipati1
    01-04 05:27 PM
    Option 1: Convert to Mormon belief
    Option 2: One on H4 and the other via Mex
    Option 3: Move back

    im sorry for the women. in what situtation the women would accept this arrangement. damn trinagle marriage movie flicks.



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  • spindoctor
    07-19 07:42 PM
    this is a good response, seconding it.


    Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(


    To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?


    B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.


    B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.


    Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.


    If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.



    Also, using cruel in the thread title is uncalled for.


    Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.


    The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?

    Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...





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  • coloniel60
    08-14 06:23 AM
    This is called OBSSESSIVE COMPULSIVE DISORDER

    Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.

    On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.



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  • pcs
    06-17 01:04 PM
    This guy with absolutely clean record was held for 11 weeks for verification and lost his father in this process..

    I have been trying for last 8 weeks non-stop in front of computer and I am not able to even see any open appointment...

    WE REALLY NEED TO RAISE HELL ON THIS...


    SENDING LETTERS TO CLINTON or may be IV rep team to meet her on this issue...

    A lot of guys are stuck and have suffered for no reason...





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  • mantric
    02-16 09:34 PM
    i think CP filers have a valid point to argue for relief. clearly there is an injury to CP filers as the dates were moved forward creating the impression that they will continue to do so or at least hold steady. legal opinion was also in favor of CP based on individual circumstances in many cases. many of these filers already underwent a lengthy BEC process, which newer Perm/I-485 filers never went through. the government flip flop is the cause of this additional injury.

    instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.

    great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you British...it seems to me from your reply:rolleyes:



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  • shivapb80
    06-05 11:25 AM
    in fact i think this memo is very favourable.

    first of all it has some protections for h1b whistle-blowers.
    second it formalizes the 27th, Dec, 2005 into the AFM which is much better.

    this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.

    the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!


    just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.





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  • Libra
    01-18 09:33 AM
    26000 members and 108 voted so far, i think we can do better than this. sending letters doesn't take much time or money. Everyone should participate in this action item.



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  • rajakannan
    06-28 08:02 PM
    if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?





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  • sumansk
    10-02 01:36 PM
    Guys,
    Anyone in the same boat as I am ...No news of my case so far..filed july 17th and nothing after that.anyone's guess what might be the case..
    Not sure if the files is buried under some pile..

    Thanks



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  • payur
    06-28 08:29 PM
    rajakannan , since you started the thread and you called for this, please tell us the plan and strategy. What do you think will be the best option so we can spread the word?





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  • ItIsNotFunny
    04-16 08:34 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3219.html

    You are too early to post this :)





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  • jsb
    12-18 04:20 PM
    Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.

    USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.

    Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.





    jsb
    01-14 11:01 AM
    Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
    If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

    Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)

    USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".

    PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.

    This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.





    getgreensoon
    01-25 03:28 PM
    Full Disclosure.. I am an Indian

    Very glad to see that these people have been caught by the law enforcement agents. These are the people who care candidates for EB1 category for greencards. As most of these join the fake IT bodyshops and show multinational executive experience on their resume. This is not the only university where you see people from Andhra Pradesh misusing law, there are many universities in the same business. I hope to see more enforement like this. I wish the USCIS and other related agencies crack down on the misuse of credential in the greencard process. Most of the IT people with fake experience and reporting structure should be punished for violating law and legitimate people with US education should get their right place in the waiting list.

    My wife is on H4 visa and looking for opportunities. She gets calls from all these consultant who ask her to get on to F1 visa at some community college and then use CPT/OPT for working on their projects.....when i came to this country to study at a top ranked university, i thought F1 visa is for higher education...now it is used in community colleges. New learning everyday!!

    Hope to see more crackdowns .....



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