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Monday, July 4, 2011

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  • ssa
    08-22 11:51 AM
    Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?

    But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?

    http://immigration-information.com/forums/blog.php?b=13

    The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.





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  • appas123
    08-13 07:47 AM
    Please give me a call, if you donot mind.

    Thank u so much for your kind reponse.
    Ok. I will try giving you a call this weekend. Afternoon works best for me. Let me know if that is fine with you.





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  • 485Mbe4001
    09-13 01:09 PM
    Please dont use google it is a waste of time - FBI uses its own databases and looks for 'hits' in terms of derogatory information.

    Instead lobby for the following:-

    1) USCIS should have the authority to ask FBI as to why the namecheck is taking so long and provision to expediate name check if it is has been pending for more than 'x' number of years (probably 2 or 3 i guess).

    2) FBI should provide a reason for the delay. Most of the time (80%) the delay is simply because they dont have the time to open your file.

    3) Procedure to Pay $500-$1000 to expediate NC (1 week) with a yes or No result. this will all allow FBI to obtain resources to process NCs faster

    NC is the next bottle neck that we have to lobby for.



    If I search my "Firstname Middlename" there are 10000 hits in google :-). And I know for sure there are few murderers , politicians and movie stars(most of them are arrested atleast once for crime or the other :-)) who have the same first name and middle name as mine back in India.Last name is what makes the full name unique.

    My Namecheck was initiated Aug 4th as per TSC IO and is still pending.Looks like I am going to be waiting for a long time.





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  • caliguy
    10-22 05:14 PM
    Yes, I send 7001 to Ombudsman. It's been more than a month since I sent it. Like I said, I have tried everything that was on the link I provided earlier except for contacting the first lady. I am not sure how contacting the first lady will make any difference, but I am thinking of giving that a shot too, so might mail out all my case details to them this weekend.

    Don't go by the receipt date/notice date crap they are giving you. Last year (in September 2008), when the senator sent an inquiry, they said they were processing cases in order of notice dates and not PDs. On a daily basis, I would see hundreds of cases with PD/RD/ND after mine getting approved and all I could do is sit and watch.

    I feel like they think they are not answerable to anyone and they can get away with anything. I hope something magical happens for you and you get the green card soon...

    Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
    Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
    [/QUOTE]



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  • vls
    05-14 04:20 PM
    I am a dependent of my husband's process - my PD is now current, is it possible to switch and have an I-485 application where I am the primary applicant and he is the dependent, so we do not depend on his company anymore?

    I do not want to take anyone's else opportunity by getting another A#, just want to know if there is a way to switch the roles.

    Thanks!





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  • innervoice
    08-16 11:46 AM
    I have same response exact wording

    I got the same response



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  • ganguteli
    06-15 10:02 AM
    l1fraud if you find fraud , report it.
    If you are scared of losing your job, then find another job.
    If you are worried about getting replaced, then upgrade your skills and get competitive rather than crying about it.
    If you are not happy with your salary in your profession and then people will get $5/hr due to outsourcing, then change your profession and accept globalization. You racist good for nothing folks had it good for very long. Do not expect $100/hr for HTML coding anymore.
    If you want to launch a crusade against it, then how about openly declare with your name , phone number, address and start your website against it.

    If you cannot do anything other than whining anonymously, then join loser's guild and stay a coward. (I guess you are already)





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  • prasadn
    09-23 05:07 PM
    A basic question - Are the months that the numbers are slotted into for the Priority Dates? or are they the recept date or something else....?

    If PD, then how come there are numbers for 2008 and 2009? The PD has never been current since July 2007....


    Questions & Answers: Pending Employment-Based Form I-485 Inventory

    Q: Why is the wait so long for my employment-based green card?

    A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.

    Q: How can I determine my place in line based on my priority date?

    A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).

    The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.

    The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.

    Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.

    Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?

    A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.

    Q: What information do I need to have before using the pending Form I-485 inventory reports?

    A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.

    Q: How do I read the pending I-485 inventory reports?

    A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.

    Q: Can you tell me when I will get a visa?

    A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.

    Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?

    A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.

    If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.

    Q: How do I know how many applicants from my country have an earlier priority date than mine?

    A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.

    To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.
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  • bajrangbali
    06-10 10:23 PM
    You are doing the right thing. Fraud should be stopped. On top of that, it is directly affecting you and you have even more compelling reasons to take action against it. Good luck and keep us posted.
    Posting the follow-up process you went through would help most other members who have been giving you overwhelming greens :rolleyes: take some action as well...





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  • delhiguy79
    12-13 08:50 AM
    Hi Canadian_Dream,

    Congratulations on 485 approval...

    Can you please brief us abt the priority dates, ur country of all applications. And also plz tell whether you had same A#s on both 485 applications.

    It will be really helpful for us...Thanks in advance.

    Pappu,
    I agree with you on this, there is some truth to this that there could be delays when there are multiple filings. In fact this is the first time when USCIS has to deal with so many multiple filings, a very few lawyers have any direct experience with it. From USCIS Standard Operating Procedure, there is a mention of "second filing" (not duplicate filing) in the following places:
    1. Procedural Overview (Page 4)
    2. File Review (Page 46)
    3. Interview Waiver Criteria (Page 185)
    http://www.ilw.com/seminars/august2002_citation2b.pdf
    From the link above:
    In (1) and (2) above it says second filing should be handled under the normal process. Although if different A# are assigned case goes to CRU (case resolution unit). But if A# assigned are same, you are more or less processed like a normal case. The last part (3) interview waiver criteria, multiple filing is mentioned as one of the deviations from interview waiver criteria but it NOT the interview criteria itself. In the end processing time for multiple filing is very much up to the discretion of adjudicating officer. Also, I didn't find any reason to believe that there could be issues with security check with multiple filings.
    I think all of us multiple filers can breathe easy if our cases are filed clearly with full disclosure of information without any intended willful violation.

    I am a multiple filer too, my I-485 application filed in early June was approved last week. I hope this gives some reason for optimism for us multiple filers. Good luck to everyone. BTW: I am still a contributing member and will continue to hang out at IV.



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  • pani_6
    09-09 04:09 PM
    good idea..email to members


    Admins/ Mods,

    Please send an email from 'admin to registered users'.

    Thank You





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  • girijas
    09-09 12:58 PM
    There have been threads and posts about IOs indicating that everyone will become current. The fact of the matter is - there is no substance/proof/backing - even from the lawyers regarding the validity of those statements. For all you know, this might have been started by groups/people who want us to become complacent.
    So DO call.............else the bills stand a good chance of losing out.

    And even assuming the rumors are true with a 0.00001% probability.........you don't really lose anything much by calling. But if you don't call, we still stand a chance (with 99.9999% probability) of losing out.

    Honestly; this might be our last chance. If the next president is a Democrat, it is quite possible that illegals might get amnesty in huge numbers. Companies hiring H1s might get taxed at a higher rate. Irrespective of who comes to power, the next president could clamp down on legal immigration in the name of Change. Remember, the illegals (their legal relations) form a larger vote bank. Nothing else matters as far as politicians are concerned.



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  • nitinba
    06-29 05:07 PM
    Can USCIS or DOS reimburse me for pain they have caused and all the expenses I had to incurr due to their whims and fancies. There seems to be more weight to the rumors as all of a sudden every attorney is saying the same thing.:mad:





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  • pappu
    10-02 03:33 PM
    I am seeing people getting multiple #A numbers and delays.

    If you have filed multiple I485s, pls share your expiences here.



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  • gc_chahiye
    06-29 05:36 PM
    If they have info about non-availbility they will announce now rather than waiting for monday morning . Also they will be in deep trouble by moving the dates without accepting single application . As AILA reported they will do it either on monday evening/tuesday quotaing the number of application received

    Dates have nothing to do with number of applications received. Visa numbers are allocated when a I485 is APPROVED. The only way dates can go U is if they APPROVE so many 485s that all of this years visa numbers are used up.





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  • BharatPremi
    03-25 01:18 PM
    I got this from a reqruiter


    I responded to her that I have EAD and she never got back

    Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.

    Note: Other thing I experienced is using the word "Work Permit" in place
    of "EAD" makes things easy for everybody.



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  • hydboy77
    01-28 08:58 AM
    Is there any provision in any of the upcomming immigration bills that allows for "Ability to file for I485 even with visa number unavailability.". I know that
    some of the provisions in Hagel (S. 1916, 1917, 1918, & 1919) Specter (unnumbered draft) bills have provisions for removal of numerical limits on adjust of status for people who have an advanced degree from US.

    But is there any provision in any of the immigration bills which allows for "Ability to file for I485 even with visa number unavailability." like the one that was in s 1932. This would be easy to pass as Green card numbers would stay the SAME and no major modification is done to the existing law





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  • drona
    07-10 01:43 AM
    Several immigration lawyers have also reported on the Flower Campaign on their websites. Matthew Oh reported on his site. So did Bender's Immigration Bulletin. Here is the latest from Greg Siskind's Blog. He shows great support by mentioning Immigration Voice and providing a link to the Flower Campaign.


    http://blogs.ilw.com/gregsiskind/





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  • vnsriv
    01-24 04:29 PM
    Looks like it's a high time for a non-stop GC(Green Channel) airlines between US and India. Lets contact Ambani's. They of course can raise money for this within days thru their IPO or atleast influence Indian Govt to do so.





    sparuthi
    09-13 02:32 PM
    We got our GC cards on Friday.

    It seems that USCIS is processing cases which have been pre-adjudicated very fast.

    Good luck to all who have been waiting... there is definately light at the end of the tunnel

    cheers





    bomber
    06-29 07:11 PM
    You are absolutely right. We visit Mr Oh's website several times a day to get the latest on immigration. We should credit him for being the first in alerting us about everything. If in fact USCIS comes up with a statement rejecting all aplpications filed after a certain date, I'm sure there would be thousands who would be saved by Mr. Oh's timely warning.



    I dont know why everybody started to spit on ohio law firm. They just pointed out some news that they got from AILA, right? Lets hope its just a rumor and USCIS doesn't proceed with this revised thing. I am pretty sure that wont happen. Dont worry guys, but dont blame everything on ohio firm. I saw this on several other law firms too.



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