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  • BharatPremi
    09-24 06:04 PM
    Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.

    Yes agree. The point is that for an example in September 2008 if you used AC21 then on that date you and your employer claimed that your skills are matching for "particular EB3 job classification" . Now if you go interfiling to USCIS in March 2009 then USCIS doubt as logically employer ca not establish the "natural skill progression" within 6 months.

    One more thing - RFEs. Although people used AC21 in 2007 or start of 2008, just recently USCIS sent RFEs to many. All of them have just finished replying those RFEs in which hthey claimed that they are still working on a "same job" matching EB3 skill. My employer sent that RFE response in May 2009. So my clock starts again from May 2009. In December 2009 it is almost impossible for my employer to show that " I am fit for advanced skills". So this is the glitch that lot many lawyers are strongly hesitant to proceed on interfiling.





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  • ski_dude12
    09-21 10:26 AM
    Listing down things I did after my date was current-

    1: I opened an SR on July 5th (immediately after long weekend) as my date was current in July. Got back a response in a week that no visa numbers available. Either their system was not updated or they didnt check to see if dates were current.

    2: Had to wait a month before I could open another SR. In first week of August I contacted local congresswoman/opened another SR. Congresswoman reply was that the case is being actively worked on.

    3: Also, contacted the Ombudsman (mailed all the required docs) in 1st week of August. Got a response in early September that Ombudsman can help to improve procedural inefficiencies in USCIS or some extreme cases.

    4: Sent an email to SCOPSSCATA@dhs.gov on August 4th with pretty much the same details- case pending/PD etc. On same day they forwarded email to NCSCfollowup, TSC for resolution.

    5: On Aug 9th got reply from NCSCfollowup, TSC that file has been requested. To allow 60 days.

    6: After this I did not followup in any way. Then I got an email from NCSCfollowup, TSC on 17th September that my case review was complete, prints/security was over and my file would be forwarded to officers for completing.

    7: Got approval email today (September 21st).

    In my opinion the email to SCOPSSCATA@dhs.gov helped the most.

    If anyone needs any details on email/letter format please let me know. (Green.Tech, Saileshdude...)





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  • akela_topchi
    08-07 01:10 PM
    To add a few more conditions to the aforesaid situation...

    This is 2008.. Both JE and MBA are thinking that they will get their GC in 2009...

    Meanwhile they start arguing.. and many like them join their verbal-struggle..
    Because of this, IV community is divided.. Earlier only 200 people used to respond to action items .. now because of the rift only 100 do... this weakens the momentum that the campaign had..

    Meanwhile, NumbersUSA et all increased their efforts..
    Anti-immigration forces are united and under their pressure all the EB relief bills fail...

    Election is close USCIS shifts the focus to FB visas..
    EB backlog, retrogression goes up..

    JE and MBA still fighting their verbal fight... in same line.. still fighting with words... with few more years added to their wait-time.



    Ok, i will try to make it as simple as possible:
    ......
    ......

    P.S. - I do not support this lawsuit.





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  • anotherone
    01-29 06:16 PM
    they first stated that they had instructions from their legal team that they have too much hassle with EADs causing problems, so they dont hire ppl with outside EAD. When I asked them to reconsider they said I dont know for sure, lets see what the legal team says.

    It seem to me that this hr person did not make up the refusal on their own, but had previous precedents to go by or had been given explicit instructions.
    My fear is that they will come back with a clearer explanation of why they cannot offer employment based on the EAD.
    I am getting really really upset about this. If I had known about this EAD refusal thing I would not even have gotten out of H1 and would have continued to work...



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  • gc_chahiye
    06-25 12:12 PM
    ............Expanding on my previous posts.
    One more thing.
    If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
    Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
    I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
    Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.

    Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.

    thanks for the clear summary of things. One more clarification: (worst-case scenario) have you seen any case where the I-485 has been rejected because it was filed twice?





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  • seekerofpeace
    10-05 09:30 PM
    Guys,

    Thanks for your wishes. As much as I feel it as a journey I still consider myself lucky seeing so many people with PDs earlier than me both for EB2 and EB3 still languishing. We all consider FIFO to be fair and it is hard for us to decipher why it is not followed by DHS.

    My suggestion to you all is that if you are told that your case is with an IO ask him or her if an email can be sent to that IO that you are concerned. This is exactly what I told Janet on Friday, one of the good CSRs from TSC. I had told her that knowing a case is with an IO is of no help to me if that IO is on vacation or is sick or is not aware that the case is current.

    Also if you guys had followed my never ending streak of mails, I had mentioned that my wife had got a call from a CSR at DC probably in response to her SR that I opened or my concerned and frustrated mail to Napolitano...she was told that her case is with an IO and that since the case was transfered her Biom had not been uploaded and that she is ordering new Biom request and she should get it done...I had told her that by the time we receive it the visas may be over and also how come I am approved....moral of the story is "THEY KNOW NOTHING" as Jim Cramer used to say.

    The only person I found reliable was this Ms Beck at TSC who I was fortunate to get hold of exactly 2 weeks back and she had told that we don't need new FP and Biom it just needs updating by the IT dept and she is sending a request to that effect...I had asked her how long should it take and she had told me 2 weeks..she also told me you will get your card b4 your wife.....and she may be a bit delayed but will get approved.

    So guys from TSC keep trying and hope to get this Ms Beck...you can alway ask the person's batch number and name and don't waste your time if you get someone else.

    All the very best and hang in there...

    SoP



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  • breddy2000
    07-09 06:44 PM
    He will get credit for all these flowers, and we will soung stupid that we just care obout our-slves but USCIS cares abou veterans.

    USCIS people...trying to make fun of our misery


    I do not think so, as our message goes along with the flowers. So I really doubt whether USCIS has patience to remove those message tags before sending them to the Hospital.





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  • raidohri
    06-15 12:27 PM
    Normally how long the medicals are valid, I have applied my 485 in the past with medicals that are 7 month old



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  • babu123
    06-29 03:44 PM
    He said it is a rumor right :-)





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  • rajuseattle
    04-06 12:23 AM
    GC_info:

    YOU can apply her AP with the instructions to deliver the AP to nearby US consulate in India. Upon AP approval, she can go and collect her AP from the consulate and come back using AP.



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  • InTheMoment
    10-01 12:21 PM
    This will make the percentage allocations, limitations and regulations very clear:

    How does the visa quota operate? (http://imminfo.com/Library/green_cards/EB/visa_quota.html)





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  • sidbee
    09-24 01:22 PM
    THe reason USCIS is showing low numbers for the reason that , no one will then raise the question for recpature. Looking at the numbers they will say, O, the numbers are so low, whats the need for recapture and we will be left hanging cold and dry.

    This is a plot of a well planned strategy.

    I don't think you should be drawing conclusions , or thinking of conspiracy theories.



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  • CADude
    09-21 11:20 AM
    Please post any document where USCIS admit that they are working with July 2nd cases. I didn't get any document in USCIS website. May be i missed ? Or Well Officially they are telling that they are working with July end/August start filers but CSR Level 1 says in phone. bla bla. :D
    That is the reason to write congressmen and senators so officially they have to admit it in document and to follow FIFO. Otherwise leftover July 2nd application will be touched in Sept 2008 :)

    I believe, USCIS has a formal method of investigation. You or your lawyer will have to give details whatever USCIS asks for. In a normal course, this would have been done a lot sooner, but USCIS themselves admit that they are not yet finished with all July2-Aug17 receipts. Perhaps they will not entertain any formal investigations until they are done with all filings.

    I am one of the July2 (J Barret, 10:25am) filers on the waiting, and I know the anxiety we all have. You can write to your Congressman, but think of how USCIS is going to respond to the intervention. They will tell that they are not yet finished with all receipts.





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  • desi485
    11-17 04:17 PM
    There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.

    Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)



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  • angelfire76
    11-04 10:34 AM
    Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
    Good talent also needs to make up its mind as to which company to stick to. The "future job" labor petition is so full of holes that its misused lot more than its used.

    Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".

    These "backups" are the ones clogging the system right now blocking genuine petitions from getting approved / denied quicker. Otherwise even at the rate at which the DOL works, I would think a decent time for petition approval/denial under PERM would be 8 weeks instead of 16+ weeks right now

    Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.


    This should be a pretty genuine case, which should survive any audit. No worries here.





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  • bikram_das_in
    09-23 11:02 PM
    Has anybody calculated how many spill over visa numbers will available from 2009?



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  • cbpds
    04-05 04:51 PM
    If I am not wrong, buffering wud be to take in new 485 applications, process them and keep them ready.

    In that context, most of the applications till 07/07 have been preadjudicated, new buffer wud require dates to be pushed to 07/07 or later.

    If they add EB2ROW Fall across numbers(6-8k) from first 6 months it will be 20K towards EB2IC backlog. USCIS may need buffer since all pending cases are not pre-adjudicated and some cases will be denied.

    20k can clear all back log until 01-JAN if they need buffer they can move to 01-MAR-2007( 2 months or 5k) or 01-MAY -2007 (4 months or 10k), worst case can go to 01-AUG-2007(7 months or 15k)! my guesstimate.;)





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  • chanduv23
    11-17 02:22 PM
    well, EAD is denied when MTR is denied, makes sense. But if you see the information posted by 'desi485' in this other thread (http://immigrationvoice.org/forum/showpost.php?p=302334&postcount=17), it may remain valid till validity. This is indeed confusing though. Please ask your lawyer and share with us everyone here.

    There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.





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  • rameshvaid
    03-12 09:37 PM
    Great effort Saralayar. I just voted. Vote for this, everyone. This is the least we can do get on the radar. There are so many voices crying for attention --- please vote so that we may be heard.

    It is very easy:
    1. Go to http://citizensbriefingbook.change.gov/home
    2. Register, by clicking on "sign in to get started now" (very quick --- no email verification steps, etc.)
    3. Search for "Citizenship if you have lived legally in this Country for 10 years continuously" (without quotes), in the "find an issue you care about" search box
    4. Vote by clicking on the up arrow.

    Post a quick comment as well. This way we will draw more attention to it.

    Could not find the link..Which page do I need to go on to vote.. I have searched about 500 pages.. Pls. advise..

    RV





    yabadaba
    06-29 07:29 PM
    my lawyer said the same thing about a revised bulletin...looks like its pretty close to being a sure thing now.





    logiclife
    07-09 06:38 PM
    Good thing: Walter Reed.

    Something happening at Walter Reed Hospital has more value in newsworthiness than something happening at headquarters of USCIS offices. Coz Walter Reed means veterans means military means extra media attention.



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