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  • bayarea07
    09-12 06:39 PM
    I Pledge to call Judiciary members one more time this weekend and leave them Voice Messages.

    This is our last Chance, otherwise be ready to wait untill 2020 to get your Rights.
    Please CALL !!!
    Please CALL and create awareness among frends and family be sending link for this forum so that they can call Judiciary Commitee.





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  • EB2DEC152005
    08-12 05:24 PM
    I have sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they responded with the following email content.



    Dear Sir/Madam:



    Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS).

    In order to review your case you must complete and sign the Form DHS 7001. The form can be found on our website at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman).

    We are attaching the form for your convenience. You may submit your form via-email as an attachment. In addition, please send a copy of I-140 approval notice. If you have an attorney please complete and sign Form G-28 as well.



    We appreciate your email and look forward to reviewing your case.



    Sincerely,

    Office of the CIS Ombudsman

    so I need to send DHS-7001 form and I-140 approval notice.

    I have one more question too, Should I send G-28 form also.

    Please give me some suggestions on this.

    Thanks in advance





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  • gc_wow
    09-24 11:48 PM
    Bharat Premi,
    Is there any thing we could do abt providing some more details about this report they have put out?





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  • Nil
    01-04 11:45 PM
    Very true - ultimately naturalization is the goal for many. Green card is the only first legal step.
    Hopefully far-sighted folks will support this thoughts.



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  • sanjayb
    09-22 02:29 PM
    realraghu is the new addition to the infamous J.Barret list.

    J.BARRET:

    sanjayb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 08/05
    Ashres11 - 2nd July/ 10:28/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
    Sairam - 2nd July/10:28/FedEx/J.Barret/NSC/140 - TSC/No RN - 07/28
    InsKrish - 2nd July/10.25/J.Barret/NSC/I-140 approved from TSC/No CC/RN
    sudhi - 2nd July/ 10:25/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN - CHECKS CASHED 09/13
    Danu2007 - 2nd July/10:25AM/J. Barret/NSC/140-TSC/NO RN
    Triviagal - 2nd July/ 10:25AM/ J. Barret/NSC/140-TSC/NO RN
    rkartik78- 2nd july/10:25am/ J.Barret/ I140-TSC/ NO RN NO CC
    GCFISH- 2nd july/10:25am/ J.Barret/ I140-TSC/ 485 went to NE/NO RN NOCC
    rexjamla- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    kmkanth- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    BU007- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    veerufs - 2nd july/10:28am/J. BARRET/I140-TSC/NO RN/NO CC
    123456mg - 2nd july/10:25am at NSC/J BARRET/I140-Approved from TSC/NO RN/NO CC
    aussie731- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    nkavjs - 2nd July/ 10:25am/ Fedex/ J.Barrret/ NSC/ I-140 TSC lud on I-140 8-5-07/ NO CC/ NO RN
    jsb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/27
    gc_us - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/28
    srinitls - 2nd July/10:25/FedEx/J.Barret/NSC/NO RN NO CC
    realraghu - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN


    R Mickels :

    giddu- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    mahendra_t - 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    Satya- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    pareshtyagi- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    sapking - 2nd july/9:01am/R Mickels/ I140 pending-TSC/ NO RN NO CC
    smshen- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSS/No CC/No RN
    gcgoodluck- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSC/No CC/No RN/No data
    dudenj - 2nd july/9:03am/R.Mickels/I140-NSC/NO RN/NO CC/NO EAD


    F HEINAUER:

    cadude- 2nd July/11.11am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    helpme1234-2nd July/11.14am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    cowboy-2nd July/12.34 pm/F HEINAUER/NSC/1-40 TSC/NO RN NO CC


    R.Williams :

    Jignesh - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM
    doshhar-2nd July/2:02PM/ R.Williams /I140 -TCS/ NO RN NO CC - I-140 LUD 08/05

    C UHRMACHER :

    Bayboy -2nd July/8.oam/C UHRMACHER/I140-TSC/NO RN NO CC
    nk2007-2nd July/8.26am/C UHRMACHER/I140-TSC/NO RN NO CC

    Other -

    zdong -- 2nd july No check encash/No RN
    HNaik-2nd July/10:04am/ Armstrong/I140 -TCS/ NO RN NO CC
    mashu - 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC
    abhis0 -- 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC 140 LUD - 08/05


    Applications are returned:Incorrect filing fees :

    noendinsight- 2nd July/NSC/1-40 Approved NSC/NO RN NO CC





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  • nk2006
    10-29 02:45 PM
    Hope I won't be a victim when I intend to use AC21 !
    Thank you for sending the letters. This issue has potential to affect many - unless its fixed.



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  • whitecollarslave
    03-26 06:47 PM
    You still did not get it. Without evidence of discrimination it would be difficult to fight against... Forget this for a moment, in any law based battle you have to have a evidence. It is not that I do not want to fight or somebody do not want to fight. How could you make the base for fighting? This other guy, with his sheer luck (And with Capital One's stupidity) could get written evidence and so he has a valid base to fight against. And without evidence, whatever you write to whomsoever authirities, it would just be a blabbering. Even as one platform if IV decides to fight against this, IV team (Or lawyers whom we appoint) will ask the evidence first to make the case. Other thing, do not forget, what we could achieve in July 2007, the base was definately a first screw up from USCIS ( That is an evidence...). Once that screw up happened we could right away make it a reference and could make it a battle point.. Do you still understand or you do not want to understand?

    I do understand that without evidence you can't fight the conventional way or file a law suit. It would be difficult, if not impossible. I am not debating that. I never said it would be easy. Even with evidence (in case of Capital One), one can argue if thats a good enough base for fighting and whether it will do any good if the case is won. Thats not the point.

    What would you do if a recruiter or employer told you (verbal or writing) that it is their policy not to hire Indians? (I am just using India as an example).

    Regardless of written evidence, I would be inclined to do something about it. I am not saying that I will file a law suit. I would probably not even want to work for such an employer. But I will not be speculating that oh, there must be some loophole that allows employers to have such a policy; because many of them are saying that, it must be legal. I will not assume that they can do this under "Hire and fire" authority. We just seem to have a little difference in opinion about that. We agree on pretty much everything else. Thats all. And frankly, its good to have an opposing perspective on things.

    Now, if I hear from experts that my understanding of the discrimination laws is incorrect and that it is legal for an employer to say that they will not hire somebody with EAD, I'll just shut up. Until then, I will encourage people not to be quiet and to call the hotline, file a complaint, call the media, and pursue whatever means we have at our disposal to fight what we consider injustice and fight what we believe is discrimination as per the law.





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  • pani_6
    08-21 03:48 PM
    I believe they already answered the question: they claimed the previous allocation scheme was wrong and the current is correct. There is nothing more you can possibly get by questioning on this issue. Even if there is anything behind the curtain, that explanation covers everything perfectly and there is nothing you can do about it.

    I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..

    Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...


    we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..

    Any idea Pappu..??.



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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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  • SunnySurya
    11-04 09:49 AM
    Admin: If you like you may please close this thread.
    Final update on this issue.

    Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.

    In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.

    Thank You and Good Bye!
    Happy Porting !



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  • omved
    07-09 06:34 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD





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  • Ramba
    08-21 05:25 PM
    . The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.


    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.



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  • chanduv23
    06-29 05:04 PM
    This disclaimer in VB, does not say "mid-month". It takes about cut off dates via bulletin only. Also, this means USCIS put some thought behind the time they will have to announce cut-off dates. They new the demand will ber "very heavy".

    **
    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
    **

    This was based on information obtained then. Now they can say that they do not have enough visa numbers and all numbers are exhausted





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  • needhelp!
    01-13 01:09 AM
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  • Pineapple
    07-10 02:18 PM
    Isnt this a duplicate thread?? There is another thread with the exact same topic..





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  • mariner5555
    01-24 01:45 PM
    It is good that you shared yr experience. I always avoid a country which needs transit visa. everyone should fwd this email so that such countries are forced to change rules. best option nowadays is to fly from NY which have direct flights



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  • acecupid
    08-21 12:17 PM
    Hi guys,

    Sorry, I bit the bait and got off track. Let us focus on the issue again. Let us agree on a time line and act accordingly.

    I would say, this week we work on drafting the letter (I took a shot at it, available @ page 2). Having 2 or 3 differently worded letter would probably be nice, but not necessarily.

    Next week we start mailing the letters. We have about 500 responses in the poll for EB3, so if we can get most of them to send the mail (email/fax whatever), it should be a start.

    We probably should start drafting a mail for our representatives/senators too, so that they too can follow up with USCIS.

    We will face a lot of opposition, ridicule and nasty posts, but we should persevere if we want to get our GCs any time soon.


    I agree we should focus on the task. There are lot of people trying to mislead and take the discussion off track. I will draft my own letter and send it this weekend. Its better if everyone writes there own letter. EB3 guys wake up and do something.





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  • bharani
    10-31 10:40 AM
    Posted all four letters an hour back.





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  • pappu
    07-16 08:32 AM
    After all my research the bottom line personal opinion is: If you file multiple I485s, you should expect delays. Sometimes it can be a lot more than you can imagine if you get multiple A#s, file gets transferred in different service centers, you try to do interfiling between applications etc etc. Basically the more complicated you try to make your case, the more difficulty you may face trying to find out it status and adjudication.

    Many lawyers strongly recommend against filing multiple applications and that is for a reason. Multiple applications is also an additional expense. You need to weigh the pros and cons and do what suits you best.





    krish2006
    04-05 02:15 PM
    Krish,
    If you would like we can interpret it differently....
    The demand data published by DOS for October 2010 show 13,125 prior to 2007 and for April 2011 it is 13,200 which means increase of 75 only + approved cases( since PD did not move)

    Assuming all cases approved from Oct-2010 till March 2011 are porting, means 233*6=1,398.

    In this case total porting is only 1,398+75 = 1,473

    In reality we don't really know how many of the approved cases(1,398) are ported.


    Yes. I agree This is also one way to look at total ported numbers. (Basically it cannot exceed this number. 1,473 serves as upper ceiling)
    At least this analysis serves how much porting really is taking place than coming up with assumptions.





    pappu
    01-08 09:49 AM
    Thank you yabadaba For those wanting to personalize it a little bit.


    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20510

    Dear Mr. President:

    I write today to urge you to fix America�s broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged. If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America�s competitiveness, eliminate bureaucratic inefficiencies, and improve our quality of life.

    <insert personal blurb here>

    Attracting and retaining the best and brightest minds from around the world is in America�s best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated:

    �The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals.�

    You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken.

    Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department�s mission.

    The greatest impact of the broken green card process is borne by the legal immigrants and their families. The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs � even within the same employer � without starting the arduous immigration process over again, and subject to waits that grow longer and longer.

    We implore you to exercise your authority to implement administratively these much-needed reforms.

    � Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    � Revise the administrative definition of �same or similar� to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    � Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    � Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    � Allow visa revalidation in the United States.

    � Reinstate premium processing of Immigrant Petitions.

    I urge you to implement these administrative remedies without delay. Action is urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.

    Thank you for your attention to this matter.

    Respectfully,



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