Tuesday, June 21, 2011

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  • lola
    07-10 11:47 PM
    Does it really matter who the messenger is as long as the message gets through?

    It probably doesnt seem to be a big issue as it is right now, but I am into Health care and education. In my experience, I have seen issues like this grow beyond proportion and have seen undeserved people dragging away credit from the deserved. I didnt intend to make a post even though I saw they were taking credit for it. When I saw Emigration voice, I felt that they do have more malicious intentions. If it is really a typo, they should be willing to issue a press release that the credit goes to IV and the non existing EV.

    HTH





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  • jetflyer
    07-02 10:24 AM
    I support this for point #6, to me if USCIS + DOS worked slow and wasted 200K visas then we shouldn't be paying price for that. They need to make it up and correct their mistake. Its not that hard but we need to raise voice, if the culture of this country suggests that we should go Lawsuit route then we should follow that route.

    I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.

    my 2 cents!




    6. Lost EB visas for USCIS / DOS mis-handling.





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  • sparky_jones
    02-23 01:38 PM
    Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.

    Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.

    My recomendation is to hire a ethical and realistic lawyer and not a greedy one

    Assuming that AC21 documentation does reach my file, is there any harm in it?





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  • mrajatish
    03-28 12:16 AM
    Guys,
    First of all, please be decent to each other. Now, to the PBEC issue - this is a major problem, and a huge issue for all of us. Currently, the debate in Senate/Congress is centered around Immigration reform and this is a definitely a good time to raise these issues.

    There are a few things we should strive for:
    1. Keep all provisions of Specter's bill related to EB.
    2. Re-instate per country soft limit.

    If both of these provisions are passed, Priority dates for all countries will be current in EB2 and will rapidly move in EB3. A lot of folks in PBEC might be able to use PERM to apply another labor and priority dates will loose their importance, so it is important that these provisions pass.



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  • kittu1991
    08-27 05:22 PM
    I got a 2nd FP notice for 485. I will be current next month. I also applied for AP last month, which got approved yesterday. Not sure if AP application triggerred the FP notice or if there is a chance I can get approved next month??

    I got a FP notice for next month. It is certainly not related to AP or EAD renewal, since I don't have any pending AP or EAD renewal. I got my EAD renewed last March and AP in May. So hoping that I got the FP notice since they started looking at my 485 application and something positive will be end result.


    Good luck.





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  • suresh_la
    03-26 02:12 PM
    Any one for the Guess
    Keep the hopes high :)



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  • GCSOON-Ihope
    10-10 04:22 PM
    Actually, the analysis of numbers and the "math" that you refer to was also done on the prediction threads. So it wasn't really all that useless.

    BTW, I am one of those others who are all over the prediction threads. I don't have a big problem with prediction threads. My PD is Dec 2004; so I do need some comic relief once in a while.

    You want some comic relief? About this one: a friend of mine (from England) applied at the same time as me. We both filed 485 in 08/2004 and our PD is 01/2002, meaning it is current since 09/01.
    We both did FP but he never did the physical (I did it in 05/2005).
    Guess what happened today? His wife (the dependent) just got her GC in the mail!!!! About his? No news!!! Anyway, I told him it was a complete aberration: how could a dependent get GC before the main applicant was approved?
    And how can you get approved when you haven't taken the physical (neither of them has done it yet)!!!
    What do you guys think of this?





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  • a1b2c3
    09-29 10:31 PM
    My PD is current for almost a year and Name check is cleared in July 2008.

    No soft or hard LUD's sofar. :mad:

    Can you share some info? What category and PD? You should file Ombudsman report. you done that already?
    http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
    check out this thread (hope they can clear backlogs):
    http://immigrationvoice.org/forum/showthread.php?t=21782



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  • lazycis
    08-15 02:06 PM
    The USCIS is required by regulations to issue a temporary EAD if they cannot process extension in 90 days. They, however, do not issue temporary EAD anymore in violation of the regulations. So if more than 90 days passed and you are still waiting, take an infopass and request IO to call service center where EAD is pending and request to follow procedures outlined in the USCIS memo
    http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
    (print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.

    Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
    • CLAIMS Verification
    o Underlying application remains pending
    o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
    o Form I-765 remains unadjudicated
    o Biometrics have been captured—if not, refer to ASC
    • Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
    • Provide Notice to applicant acknowledging status inquiry.

    Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.





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  • Hassan11
    02-09 03:35 PM
    Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"[/QUOTE]

    What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??

    Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.



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  • roseball
    02-10 12:01 PM
    Any Ball park amount I should expect as attorney fee for the MTR ? I know some one mentioned about a CA attorney who does it for $500 but since I don't have H1 as backup , incase if I need switch back to the 2nd employer it is better to keep the current attorney ( 2nd employer ) . looks like he may not come cheap . they asked whether I want to file for Adv parol and it will cost attorney fee $800 . ( I don't have a clue why asked when my I485 is in denial stage) .

    I looked at the I290B form and looks not so complicated.

    But in this situation I do not want to take the risk of filing myself .

    Thanks
    -vinod

    I-290B is pretty straightforward and I helped my friend with his filing and we were successful in getting his I-140 approval. Having said that, whether to self file or hire a lawyer will depend on the complexity of the case and the reason for denial. If its a straightforward case/denial (wrongful) and you have all the documents to prove it otherwise, you can go ahead and file I-290B yourself. Otherwise, hire a lawyer. Did you get the I-485 denial notice yet and whats the reason for denial?





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  • lost_in_migration
    05-14 08:05 AM
    /\/\/\/\/\/\/\/\



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  • pankaj_n
    04-20 12:09 PM
    Not appeal but rather re-filing as a fresh 140. The labor doesn't expire as long as you had filed an i-140 in the past when the labor was valid.

    So i am going to talk my lawyer about it . we might have to change our approach this time.
    Just want to clear about path. We will file again and they will denied again due to 3 year Bachelor then we will appeal and show the case reference

    "Admininstrative appeals office decision approved it saying that it didn't matter how long
    the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven."





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  • jgh_res
    05-24 10:31 AM
    AC 21 like no changing of the jobs when 485 pending for more than 6 months....

    Bad for consulting companies (no H1B; may lose job)

    Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)

    Bad for H1b transfers and extensions (severe restrictive provisions on H1B)

    AC 21 repealed (disastrous)


    Bad for pending I 140 .... left in limbo

    Bad for pending LC .... left in complete limbo


    Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers

    This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.



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  • 21stIcon
    02-21 09:42 AM
    Question to champak,
    Is it separate policy or more coverage for employer sponsored policy which you bought from your employer?. if it is binded with employer policy , how could you move to new employer or take out along with when you leave firm?

    thx





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  • Ramba
    09-05 02:02 PM
    Most people has very misconception about "parole". It is not a free/flexible travel document like visa. As a AOS applicant, one should not leave US till it is approved/denied. One MUST present in US during AOS. The parole is only for any emergency purpose; which is similar to prisioners. As USCIS is flexible, in approving the AP, the people don't realize the travel limitation of AP. They are travelling on AP for vatation/fun etc.. As per law, the AP is not intended for it. The CBP officer was right in asking the legitimacy of the travel. The AP document clearly says it is based on "humanitation" admission to retrun after an emergency travel.



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  • luckysiri
    04-14 09:03 PM
    Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.

    Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.





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  • vghc
    01-14 01:48 PM
    We are so screwed!!!!
    But look at the bright side....at least we have a job.:o





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  • sledge_hammer
    08-18 11:51 AM
    June 20 is the RD (paper filing). Service center is Texas. EAD expires on Sep 24th.

    Case status is still "Pending"!

    I applied on June/25/2008 (Efilling) for me and spouse. My receipt date was on June/26/2008 for both EAD and AP. Still waiting for approval.

    Mine NSC. Don't know when it will be approved,

    Does anyone know, NSC working on EAD , AP and 485?
    Please share your info.





    sasidhar79
    05-10 06:00 PM
    wow he has contributed , he deserves a better answer.
    we are here to share our experiences and overcome our anguish not to poke fun at each other.





    sbabunle
    03-28 09:00 AM
    Ladies & Gentlemen
    I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.

    But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.

    Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.

    There are many others issues we can lobby for such as

    1) Starting H1B stamping inside the US again( Which was stopped in 2005)
    2) Allow H1B spouses to work. etc etc


    But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.

    thanks
    babu.



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