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  • abhijitp
    11-20 05:06 PM
    :mad:

    You may use the new thread button here:
    http://immigrationvoice.org/forum/forumdisplay.php?f=6





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  • longwait4gc
    02-05 10:51 PM
    UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.

    I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.

    uhh..damn immigration process..

    I was in similar situation last year. This what my attorney told me after layoffs. They have to wait 6 months after layoffs in the company before filing PERM again. The perm filing process in big companies take atleast 2-4 months. So if they are planning to file after 6 months then this is right time to start collecting documents. For this to happen it might need little push from your manager.
    If your company is in a situation where they are planning to layoff people continously over the next year(I know one big company which is doing this) then it is better to talk to lawyers right now and decide the course of action because there is no point in waiting until april. If your manager strongly supports your case then some times lawyers can pull off tricks like there are no layoff with this particular skill set or in this division etc..

    I dont know of any big company that is hiring. If your resume is hot(has specialized skills) then put it in dice or monster you will always find employer.
    You can always switch to consulting and find consulting company which applies for GC right away.





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  • 485Mbe4001
    06-13 05:35 PM
    Can a spouse of a person on Eb3 apply for EB2(if eligible) and then port his/her application with the EB3 PD for the family?





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  • nk2
    04-20 05:08 PM
    I agree

    I was just thinking if it would help to gain more publicity if this site goes by a different name. On several instances while calling lawmakers or other people, the moment I mention immigrationvoice.org they think it is related to Illegal immigration / CIR etc. I need to stress that it is about legal immigration.


    Even the flyers don't catch enough attention
    Any name that does not have immigration in it (something like numbersusa), and reflects our main focus - green card retrogression and legal immigration would help - Just a thought...



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  • cyclone_p
    06-21 12:18 AM
    Hello :

    My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.

    First Renewal Attempt :

    I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :

    The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.

    The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).

    Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.

    Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.

    Second Renewal Attempt :

    So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.

    This new app reached USCIS on June 1, 2010.

    It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.

    Needless to say, I was confused, frustrated, angry, sad...and everything in between.

    Starting Third Attempt :

    Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.

    I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...

    a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)

    b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).

    Request advice...

    I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.

    So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?

    I will really appreciate any comments/suggestion regarding my case.





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  • Hassan11
    07-13 03:38 PM
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  • niklshah
    08-28 11:54 AM
    Did you try the walk-in option. Some offices have walk-in option and they do let you in without a Infopass appointment. And also since you think that your case is so serious , did you try to talk the security person explaining him the situation that you are not able to book an appointment for Infopass and let you in for walk-in appointment.

    Local offices are usually accomodating if there is a genuine issue.

    thanks, i will give a try for this option i did not knew that....thanks again..





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  • chintainfogc
    10-18 01:45 PM
    Sbind,
    I am also in the same situation, My (including my wife) I-485 case was approved on 8/5, my wife received physical card 2 weeks after and I received a FP notice (Code 2) and i gave my biometrics on 9/29 and my I-485 status changed from Approved to Initial Review on the same day. Its scared me and i immediately called USCIS to know whats happenning and have created an SR...so far no response yet. I have my approval notice, as you suggested i will take an INFO pass and get it stamped on my passport.

    Please update your case in this thread.

    Thank you
    chintainfogc


    I got my FP done on 10/05. My 485 status changed from Approved to Initial Review on that day. I believe it's auto status change. I have my approval notice and Permanent Resident stamp on my passport. I booked infopass appointment on 11/01 to know inquire about this change.



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  • bomber
    08-17 12:33 AM
    You yourself willingly knowingly signed G28 form and gave all the power to your attorney. USCIS is not suppose to be sending you anything. And IV has nothing to do with it.

    You have to realize, that your attorney/employer have to be willing to support your GC honestly, since you might need them in case of RFEs, etc. If they are playing games, then invoke AC21 and leave them.

    You can sign G28 with another attorney, and your new attorney will request your case from your previous attorney. Your previous attorney will have to be REQUIRED to send ALL your papers (including that RN).

    You can apply for EAD with just having receipt number, you can find out it by just calling USCIS. So I don't see any reason to freak out.

    I still want to!





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  • snathan
    04-09 10:40 PM
    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday

    1. You have two hands and two middle finger...just show to him and move on.
    2. Or call the DOL and inform all...and he will be in soup.

    Put everything in e mail or certified mail and pass all those information to DOL and move on.

    You dont have to bother anything else.



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  • zilmax007
    08-21 12:27 PM
    RN received on today from TSC
    PD: 8/2006
    LC Approved: 9/2006
    EB2 140 Approved: 10/2006
    485 filed on 7/2 @ TSC
    RN 7/2
    ND 8/13





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  • Dipika
    04-18 11:46 AM
    called uscis they say its for faster processing and should get letter in mail.
    did anybody else get a mail like this.

    cool! Congrates for being a luckey one!
    Looks like USCIS have distributed 485 apps to pre adjudicate, if others gets interview calls like you.

    we have not seen case as you have.
    so we all would like to know further as your case goes ahead, please keep us updated... It will help other, who gets reandom interview call.



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  • myimmivoice
    04-04 12:44 PM
    Core team and IV,

    You are doing great work. Keep it up. Great progress in short time.

    Positive approach wins.





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  • akilaakka
    03-09 05:11 PM
    I recently added pages to my passport in India while I was in Vaccation. It was painless process as I went through travel agent and have to pay extra money. No police verification is required if your renewing. Adding pages/renewal is all the same process.

    If you apply in Tatkal, you will get your passport in a week. If you do in India, I advice you go through some travel agent.

    Did not renew here as my job requires frequent travel at short notice.

    If you are not travelling internationally then it is best to do it USA.

    Thanks
    Senthil



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  • dummgelauft
    03-09 09:05 PM
    DO NOT even think of making this mistake in the wildest of your dreams.
    Get it renewed here, eve if it means paying the extra $100.00 for "Tatkal" service.
    It is quick, simple and hassle free.
    You better be very well connected with somebody in the Passport Office and the local police in you hometown, if yo want to get this done in India.





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  • optimystic
    04-01 06:44 PM
    Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
    There maybe a public USCIS rule / procedures that would confirm what she told me.

    Q) When is the name check typically initiated
    A> Soon after receipt

    Q> Is my name check cleared.
    A> wait a moment..... yes

    I've also explained why Nebraska processing dates moved back...
    1) Transfers from Texas
    2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
    3) 180 day name check rule taking effect -- clean up old cases.
    4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).

    Now could USCIS hide behind name check now?
    Probably not for more than 180 days, because you could file a WOM and win.

    Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.

    A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.


    Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript

    She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions

    1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?

    A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.

    2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?

    A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.

    3) Can I place a Service request over the phone instead?

    A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.

    4) When do you think the Processing dates will catch up with my receipt date?

    A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !


    I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.

    But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???

    I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?

    If not then, whats the point of taking an InfoPass?



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  • purgan
    07-25 07:06 PM
    Because of illegals granted amnesty any legal immigrant filing after Apil 30, 2001 faced longer waits and backlogs because they consumed the existing quota of immigrant visas. In essencem legals were penalized for obeying the law and standing in line.

    Let's do a poll to see how many EB3IND folks will be willing to be a party to a class action lawsuit to provide relief. Obviosuly if the lawsuit prevails the plaintiff's pending GC applications will be approved. GCOP, mirage or anyone else- want to put up a poll (i don't know how to do it)

    This might be a better option for many who cannot do a Writ of Mandamus lawsuit





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  • rajubuthi
    08-17 11:42 AM
    Hello,
    My I-140 got denied based on my Education.

    I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

    Experience:
    - 6 yrs of OUTSIDE USA experience
    - 5 yrs of USA experience including 2 yrs of experience with current company.
    - I am working as FULL time with an American Company at present


    The JOB Description for PERM was:

    "Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

    Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

    Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

    Please advise me..

    Thanks in advance..

    Regds,
    Raju





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  • gg_ny
    07-10 03:21 PM
    Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.

    BTW, is any degree of you from US?


    I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?

    I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.

    Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
    Thank you





    ruchigup
    02-09 05:26 PM
    mine is 11/01/04 ...I searched in 2004, 2005 and 2006 databases, could not find either

    Hi,

    Mine also similar case and my priority date is 11/04/04. I searched in 2004, 2005 and 2006databases but I did not find mine. Is there any other place to get the accurate info.

    Thanks in advance.





    sanjay
    02-11 09:15 AM
    Grow up buddy, don't be a cry babby.

    We all know why U and me visit the site, Information. And in the process if you find any thing not so important to you, just ignore and move on...did this thread of asking to send letters made other threads invisible?
    Just to piss u off, i am requesting again to all the folks to send letters.

    Well, you have not pissed me at all. I did what IV had asked in one month back. I had sent my 2 letters (me and my wife) 17 days back and collected another 12 letters from friends and send them too. I had contributed what ever IV had asked until now, what ever it may be.

    I am sorry, but just a note can baffle you guys and you put all the -ve comments to the post, then sorry to say you guys cannot take any constructive opinion from others. And I think I did no wrong in asking Chanduv to stop posting innumerable threads just for one cause.

    GOD Bless you all.



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