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Tuesday, July 5, 2011

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  • nishant81
    11-06 03:02 PM
    If they were submitted on 8/30/ and it's not cleared yet and your derivatives are cleared then more than likely you are stucked, there is some probability that you might be cleared in few weeks depending on number of hits generated against your name and avaialibility of the documents needed to be refered by fbi to clear you. However you dont need to worry much because now a days fbi seems to getting work lot faster then it used to. Also since july fbi has increased the fees that they charge USCIS to do the check which has increased the staff at NNCP and so the efficiency. I would suggest for you to wait 60 days and try again. Hopefully you have good news. I have been waiting 35 months.





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  • shiankuraaf
    10-01 05:20 PM
    Hi you can find all the details in this thread.
    "Wrongfull denial by cis and PD is current."


    Thank you... I will find it.





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  • NKR
    08-07 11:32 AM
    Ok guys, I got a bunch of red dots.. what more can you expect from people whose comments are as below...
    ********************
    bitch, wtf "Rolling_Flood"

    stop making dumb arguments. if you don't like this thread stay away from it.

    you have no clue who gives you reds and greens, don't presume. plenty of people quietly read and can spot out the rubbish. and no one can give two reds in a row, so i'm another person. Glad to see acceptance finally that PhDs are being disadvantaged

    ****************************

    1. Rolling_Flood, with this temper I am sure you are going to piss off your lawyer with whom you would be working (if at all you do..) on getting portability removed.
    2. �if you don't like this thread stay away from it." Lots of people disagree, that does not mean that only people who agree with you can post here. Also, how will I know if I am going to like the thread or not without visiting it?, everybody except a handful are posting something interesting, I like this thread





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  • sledge_hammer
    11-24 10:05 AM
    "punjabi77" is losing $20,000 if he puts his house on sale. He wants to avoid a loss of a mere 20Gs and take on the consequences of a foreclosure!

    And your advice to him is to buy a better car (which is going to set him back another 15Gs at least), and get more credit cards?

    Did you even go to college? You claim to be higly skilled and educated, I really doubt it!

    Do things in this order -

    1. Find a job first.
    2. Secure a good apartment at new job's location.
    3. If you need a better car buy one right now.
    4. Get some credit cards.
    5. Let your home go to foreclosure.

    It is a financial decision. Every once in a while, most of us go to different stores and ask them to match the price for the item that we had purchased earlier. If they do not match the price then we return that item. Don't we? Do not get sentimental. Just walk off! Your credit history would get screwed but if you plan it the way I said above, you will be fine. Good luck.

    And it won't affect your GC.



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  • Das73
    05-17 06:32 PM
    doudou
    I 485 question
    ------------------------------------------------------------------------
    I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.
    ------------------------------------------------------------------------

    When her employer applied for H1B means that he notified USCIS & got approved! She will be fine & she will get her GC along with you. No worries.





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  • ski_dude12
    09-27 04:47 PM
    Also, does anyone remember where the I-485 was mailed? NSC or TSC? From what I remember it was based on what state you lived in when I-485 was filed.

    It was NSC for New York residents... Can someone confirm that please.



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  • priderock
    07-01 11:28 AM
    Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
    This is not August bulletin.

    Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
    If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.

    Pls let me know if my understanding is wrong

    Do you have a basis for your assertion or just plain speculation ? AFAICT , the mid month bulletin revision did not occur in several years (if at all happened in the past). I dont think there is any precedence to this. No one knows what USCIS will do. This is just my opinion though.





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  • ag11
    09-18 09:46 AM
    Hi ag11,

    I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?

    My on line status says the following:
    "Post Decision Activity
    On September 10, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations
    ".
    There has been no other status change on my case.


    My wife had 3 status changes: 1st CPO on 09/09, 2nd change on 09/10: "we mailed you a notice that we had registered this customer's new permanent resident" and 3rd change on 09/15 "we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS" same as the one I have above. She received physical card and Welcome letter.

    Looks like my case is still pending and not competely approved till I get the biometrics done. In your case if it says card production, means you will more than likely not need any biometrics and should receive the card soon.

    The order of the updates do not seem to have a consistent sequence and is confusing



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  • gg_ny
    08-09 02:30 PM
    Once again the petition protesting against namecheck delays misses the point. It is unreasonable to ask the FBI to "speed up" the process, they should be allowed to take as much time as they want.

    I want to recycle all the negative adjectives you have used in your mail on your statements ;-). Please read about NNCP, FBI and related congressional hearings and statements; about the GC for a muslim known to have Hezbollah connections but missed by FBI background checks and the kind of reactions in evoked in 2002; subsequent modifications in the name check process. Also, try to understand (!) that name checks are done for ALL APPLICANTS including for Soccer Spicegirl and her hubby Bechkam when they would apply under extraordinarily talented category. FBI does not look for visa category the applicant comes under; it is not their job. CIS is mandated to have the "background" check (of which namecheck is just one of the processes) cleared for ALL gc applicants. Then how can this be independent of gc process? What if the uncleared person gets gc and then becomes persona non granta (unavailable) for deportation if the checks fail? how about the benefits (SSN etc) and immi benefits (sponsorship etc.)? what if that person becomes an elected offcier (state governor?) and then the name check fails?

    The request to speed up the name checks is truly ridiculous. Stupidity like this is what harms legal H1-B immigrants the most.

    Do you understand the reasons for the delay? Read Pappu's postings carefully: the delay is not because of namechecks not cleared; delay is mainly because the FBI analysts DO NOT GET TO YOUR FILE for many years! They claim they could not keep up with demand for name checks from gc applicatns, naturalization applicants, sometimes other visa applicants, whitehouse visitors, political appointees to less prominent positions, would-be employees of coast guard and other sensitive defense establishments etc. etc. If that is the case what is wrong in asking FBI (I dont know who is doing it though) to speed up the process for legal immigratns? $100 X 500,000 = $50M; Even if one analyst costs ~100K per year (with benefits), then do the math!

    Stupidity in any form is harmful to H1Bs. Asking for expediting namecheck (even with a fat fee) is not one of them. But putting the mouths first where the minds should have been really harms anyone!





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  • BharatPremi
    03-25 04:11 PM
    Not a lawyer, obviously :) , but the first line on I-9 about discrimination covers "hiring, discharging, or recruiting or referring... It is illegal to discriminate against work eligible individuals."

    Yes, "Interviewing" is not written there. And we all know that "Recruiting" or "Hiring" is not equivalent of "interviewing"



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  • xyz2009
    08-18 02:16 PM
    Hi All
    I got greened today. Same here for me and my wife. I voted on the poll for me. Let me know if you want me to add one more for my wife too.

    Here are my details for your reference:

    1. EB2 India
    2. PD: Dec 21 2005
    3. NSC
    4. I-485 Receipt Date: July 2 2007
    5. I-485 Notice Date: July 30 2007
    6. What I did: SR on 2/8 (File pending and awaiting assigning to officer) wife SR 2/8 (Actively working and need additional review)...wife is a dependent
    7. Went for infopass on 2/8 afternoon (First day when I was current)...guy told me your cases are pre-adjudicated and files are with officer and same for me. Was happy
    8. Called second level IOs from 3/8 till 3/14 everyday.
    9. Some were knowledgeable and some were not but more or less good people I met
    10. One good person on 3/10 told me Mr Sharma your file is in transit...may be in some crate or some bin and might be on the move to an officer...I said Infopass guy told me they are with officers then he said clearly NO...your status is in transit and your files are NOT assigned to officer and your paralegals July 23 referral is still open and I cannot expedite it. So write to NSC follow up and mention my name and tell to expedite your case and see if they oblige you and help you. Thats your only hope. I cannot override your outstanding July 23 2010 referral.
    11. I did that and surprisingly nobody replied to that and few days earlier I had written to same email id and I got standard response for me and my wife
    12. I wrote to Ombudsman last Wed and yesterday after a follow somebody acknowledged and said we will take action
    13. I contacted senator office in mid July 2010 and after full one month I was in their system and congressional staffer was assigned to me and he called me and said on Monday evening I am writing to NSC Liasion and told me to wait for 2 weeks
    14. To my surprise he forwarded me NSC update which said files are with adjudicating officer and it did say that they are processing 4000 cases in a month.
    15. Congressional aide called me and said per his experience this is a + email and you can be approved anytime now.
    16. At 6.02 am there were 2 SMS and I checked online status changed to decision and then emails which said welcome new permanent residents
    17. I have been in US for 10 yrs now. Did full time MBA (F1) and then switched 2 jobs, it was a second GC as I left a March 2005 labor and started new Perm labor with the second company on H1B
    18. Was able to file through July 2007 VB fiasco
    19. Left the company after 250 days and switch on H1B transfer and ported my GC
    20. My current employer attorney did file for AC21
    21. Was waiting for this current window of opportunity

    Honestly I did everything I could do and did NOT leave any table unturned. I dont know what worked or not but yes I tried each and everything.

    IV is a fantastic platform indeed. I respect each and every member and I will help in every possible way indeed.

    Now few questions and clarifications:

    1. My wife is in India returning on sat evening. She was on H4.
    2. When she left I gave her advance paroles original
    3. I also gave her print out of I-485 receipt
    4. I told her to print out USCIS GC approval email that came today

    Now questions:
    1. She should go to which queue at POE, Visa or the ones for citizens/permanent residents?
    2. What she should tell the IO? When she left she was on H4 and on Aug 17th my 485 was approved and here is the proof (approval email print out) and ask the IO to respond?
    3. What will happen then? She will be taken somewhere and they will put D-155 stamp on her passport OR she would be allowed to enter on her Advance Parole or She will be admitted on H4 with I-94?

    Anybody has the same experience, kindly explain me so that I can inform my wife immediately.

    If anybody wants any help with any step please send me private message please. Would be glad to help.

    Best Regards,





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  • optimystic
    03-26 02:04 PM
    Just a silly question popped up in my mind...

    Doesn't DOL have a directive telling employers, they have to try to recruit US Citizens first, and only if they do not find properly qualified US Citizens they can go on to search for people having 'other work authorizations' . Isn't that the whole basis for the approval of our Labor certifications in the first place???

    So can the employers not use that directive as a legal loophole and try to prescreen the candidates and ask them whether they are US Citizens or GC or EAD or H1 and so on... as a hidden ploy to figure out whether you are GC or EAD while externally they can still put on a facade that they are just strictly following the legal directives that DOL has laid out?

    Doesn't this 'Try to hire US Citizens first' policy of DOL in total contradiction with the I9 statement of 'no discrimination based on work authorization' ???? I am a bit confused here :confused:



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  • sugaur
    09-12 12:40 PM
    Its just that i think if IO see's that there is an H1 transfer application pending, he may delay the AOS with the current sponsor. I am just mentally preparing myself, havent seen any change in online status.
    Looking back, it might have been better to just go with EAD, that way USCIS wouldnt even know I am changing jobs then :D
    Hindsight is alwas 20/20





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  • kshitijnt
    05-11 12:11 AM
    See the url below.

    http://www.informationweek.com/news/global-cio/training/showArticle.jhtml?articleID=215900774&subSection=H1B

    I don't give a damn what your epics say or what you practice in India. All I pointed out was teh corruption in India pointed out by international agencies compared to western democracies.

    Oh there is no corruption in western democracies. :) LOL

    Iraq war had no corruption
    Halliburton deal had no corruption,
    AIG had no corruption, BOA , Citi had no corruption.
    Lobbying had no corruption
    The texas cops who took money were not corrupt.
    Abu Ghraib was very morally correct.
    Blackwater was a very level headed company.

    Did all this happen in some communist eastern state?



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  • DallasBlue
    07-09 07:25 PM
    way to go
    "We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".

    USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.

    We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".

    ---------------------------------





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  • spdy_mn
    06-29 04:27 PM
    How about, they are expecting so many application 140 plus 485...that THEY DO NOT WANT TO PROCESS ANY APPLICATION...like always - THEY WILL SIT and EAT BURGERS and dont WANT TO DO ANY WORK...nothing new here folks...


    I understand your frustration, but easy there Jonty. To blindly accuse of someone of not doing their work is not good. Again I understand the frustration but we need to go easy on the criticisim.



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  • sri1309
    01-09 04:03 PM
    All,
    Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
    http://change.gov/page/content/openf...17_private_url

    Its better not to create the same question again. Please do. This is our chance.. Let us be heard.





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  • seekerofpeace
    10-08 10:11 AM
    B+ve,

    congrats!!!!!!!!!!!!!!!!! You were like me half cooked now you are fully done.

    Consider yourself lucky as cases that doesn't get approved together in a family takes longer...

    Enjoy,

    SoP





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  • addsf345
    01-15 01:47 PM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.


    Don't loose your heart. I know this is a serious situation but do not become emontional, just stay calm. This is clearly a confusing situation and a bad move by your employer. Have you got a good attorney? Just consult a good attorney and go with what s/he says. This is not your fault and before thinking of going back, fight for yourself and your family. Remember, tough time never lasts, tough people do. Our best wishes and prayers are with you.





    ItIsNotFunny
    01-15 01:27 PM
    IV members, Please go to chnage.gov and vote for my idea. No one has gone and voted up for this yet. Wakeup please. Go and vote for a good cause.

    I thinks its a better idea to post URL for your idea.





    jsb
    09-20 04:00 PM
    USCIS has to work in FIFO process not RIRO(Random In Random Out)... So they can't send Receipt Notice to Aug 17th filer and then look for July 2nd filer. I sent my concern to congressmen?
    :)

    I fully agree that USCIS should work FIFO, but "should" does not make that happen. Clearly USCIS is not equipped for FIFI when truck loads of applications arrive. We may complain now, but I believe we should give them additional 10 days they need (to make it 90 days). I am equally worried about my July 2 filing. Nevertheless, I wish and hope the congressman's intervention helps.



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