Friday, June 17, 2011

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  • nsrao01
    06-29 02:07 PM
    Guys,

    I am also one of you guys; applied in APR'07 and still waiting for my approval; what do you think guys what dates they are processsing:

    Aany inputs would be great help.

    Thank you
    Rao
    PD: APR'07




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  • shreekhand
    07-18 05:54 PM
    I am not sure if the guy with PD 2001 will get the number first as against one with PD 2006 when everything is "C" in the example you presented.

    Past data, experience from my acquaintances, official NSC statements as well the SOP clearly indicates the contrary.


    priti8888, What is the USCIS 485 processing date in your senario?

    Your Receive Date is a factor but PD is also a big factor, if limited number available.

    If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.

    USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"

    Still PD with 2001 will get the the number first before PD 2006 case.

    So
    485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
    Order by PD desc

    hope this help




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  • baleraosreedhar
    12-18 03:59 PM
    Hi

    I am sreedhar, I am in redlands ,inland Empire.

    Currently waiting for my PD to be current to apply for GC.

    My Details are

    PD Oct 2004 EB3
    I 140 Approved.

    looking forward for future conference calls.

    Thanks




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  • pappu
    09-12 04:19 PM
    Even if many people write a few times to the same reporter it is ok. Make sure it is not a spam. This means,send a personalized letter and try to use different templates for cover letters.



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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,




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  • vengaiah
    10-17 05:02 PM
    fromcisombudsman <Cisombudsman@dhs.gov>
    toVengi Mutthineni

    dateFri, Oct 17, 2008 at 2:49 PM
    subjectRE: Please consider the request
    mailed-bydhs.gov


    Thank you for your recent inquiry.

    Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).

    Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.

    Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.

    Sincerely,

    CIS Ombudsman



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  • rsdang
    04-30 10:41 AM
    TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS

    http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html

    http://judiciary.house.gov/oversight.aspx?ID=435
    some movement - hope it results in progress... Keeping the fingers crossed...




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  • chanduv23
    07-11 12:22 PM
    employer can withdraw the 140 any time before the approval of 485 - there is no time limit.

    That is right. But one MUST NOT worry about it as long as they have a job in hand with same or similar duties. Things to watch out are
    (1) AC21 letter
    (2) G28 properly filed
    (3) NOID
    (4) Denial - happened in some cases and reopened through MTR

    Now even if your old employer did not revoke 140 you may get an RFE.



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  • buddhaas
    08-12 01:45 PM
    It includes H1s and L1s till 2014. So, It may be possible to cover $600 million.




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  • indio0617
    03-16 10:13 AM
    Got through this time. Same answer... that they will resolve it soon.



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  • gccube
    07-18 03:55 PM
    That requires sorting of the application by PD. But the SOP does not mention anywhere about the PD Sorting. I am sorry for you guys.

    Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?

    Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.

    In such a case the PD lost all it's significance once the adjustment of status if filed?

    If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.

    Or May be I am missing something......




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  • sdrblr
    07-21 04:26 PM
    Looks like IL is the place to get the license. No questions asked and you will get 5 years. I just had my license renewed for 5 years in Aug 2008 by mail even though my H1 expires in Oct 2009.


    Hi Friends, I went to DMV PA (Bridgevile) to renew my drivers license recently. They are not accepting original EAD/ AP, copy of 485 receipt plus employer letter. They are asking for original 485 receipt. Unfortunately my ex-employer did not give the original receipt.

    Did any body renew the PA DL without original 485 receipt?



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  • qualified_trash
    04-11 02:36 PM
    In the larger scheme of things, we 350k do not matter and do not have the political clout of the 11 million illegals.

    :D

    So I do not think anything can happen by involving the media etc. in our cause. Getting a lobbying firm and lawyers to help is a much better way and will in the long run be more effective IMO. To this effect, I intend to contribute to Immigration Voice effort to hire a lobbying firm.

    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.




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  • delhirocks
    07-21 03:57 PM
    There are no US embassies on US soil..I think you meant USCIS local office and are alluding to "interim" EADs. USCIS discontinued that practice last year.

    I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:



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  • eb3retro
    03-11 01:38 PM
    I do not know if USCIS is going with receipt date or any procedure. My Receipt date is June 27, 2007. Notice date is August 9, 2007. My case is not touched either till now.

    pls see my reply to gc please..




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  • Pallavi79
    09-14 10:20 AM
    my PD is March 2003. I filed in EB3 because all EB categories are current at that time.



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  • unseenguy
    02-08 05:33 AM
    If the girl is working and earning money, she has all the rights to spend the way she wants, including giving money to her parents. If she is not working, then help should be based only on humanitarian basis because we never know when one's financial situation changes. I can't understand how any girl can force her husband to spend for her parents and siblings especially when she is not earning.

    Absolutely wrong. If husband and wife are filing a joint tax return, it is wrong on her part to send money to her parents without informing her husband. Leave the taxes, it was simply wrong on a wife's/husband's part to do ANY major money transaction without letting your other partner know. Its equivalent of cheating (just financial cheating). Do you think it is ok for a man to send money to his parents?




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  • skgs2000
    04-29 11:48 PM
    I thnk we should list email/phones/fax besides each name here as well. It makes it easier. for sure, fones, letter, faxes all will help for sure !




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  • pointlesswait
    03-09 11:44 AM
    dude....what does USCIS look like to you : Drive thru Taco Bell?..



    For Eb2 india and china dates will be like this in April 2009 bulletin.

    Eb2 India : Feb 2005
    China : Feb 2006

    May 2009 bulletin

    Eb2 India : May 2005
    China : May 2006

    June 2009 bulletin

    Eb2 India : Sep 2005
    China : Sep 2006

    July 2009 bulletin

    Eb2 India : Feb 2006
    China : Feb 2007

    August 2009 bulletin

    Eb2 India : May 2007
    China : May 2008




    texcan
    09-12 01:50 PM
    Thankyou sukhwinderd and ravish_kaipa.

    All, please remember my intention is to motivate the people who never contributed and who start
    a $50 monthly contribution at least for six months. Also don't forget to PM me when you
    start your monthly contibution.

    Anyway good start. sukhwinderd and ravish_kaipa please consider monthly contributions.


    Here are the details about my contribution of $100

    Order Details - Sep 12, 2007 1:02 PM EDT
    Google Order #366145912118249

    Kudos Milind123,

    You are an amazing person. I bow to your selflessness and
    wonderful community initiatives.

    Regards




    yabadaba
    07-11 12:01 PM
    heres the thing..we have been talking about the 2004 hump for eb2 for a while now. if you download the perm data from 2005 you will see only 7000+ PERM approvals for India. this included a significant number of EB3 other worker categories like pipe welder, cook, etc ( i am assuming they were eb3 -other worker...correct me if i m wrong)

    this was the breakdown per month for perm 2005

    March-1
    April -13
    May-72
    June-324
    July-351
    Aug-833
    Sept-1172
    Oct-1212
    Nov-1541
    Dec-1771

    7290 - includes everybody - eb2, eb3, eb3 other workers

    the whole question was the hump of 2004-march2005

    ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.



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