Wednesday, June 8, 2011

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  • Prince William Kate Middleton


  • lonedesi
    07-11 08:49 AM
    I congratulate everyone whoes PD becomes current beginning of next month. But be aware that all of this is no good until USCIS acts on it. USCIS has to match and increase their pace of processing I-140 & I-485s for people to benefit of this movement. There are thousands of people whose PD have been current since April of this year and still they see no movement on their cases. PD becoming current is just the first & crucial step in this long process, but now it all depends on how well USCIS responds by processing cases in FIFO manner.




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  • Jimi_Hendrix
    11-16 02:33 PM
    Let us keep working.




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  • nk2006
    10-17 04:01 PM
    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

    Thanks for the update.

    Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.

    Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.




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  • inskrish
    09-28 09:59 PM
    I can work on weekend for free, where to apply? atleast i can push some of them out of line. i mean i am very good in approving cases.

    Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D

    Regards,
    IK



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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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  • Prince William and Kate


  • saibabu_d
    07-18 01:40 PM
    50$ each month.



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  • chanduv23
    05-15 11:27 PM
    Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.

    I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.

    The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.

    Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.

    He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.

    They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right




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  • rongha_2000
    04-30 03:34 PM
    And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:

    OK so here it is, it will get 2 years before the backlogs due to the surge clear and to get back to normal... :mad:



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  • AllVNeedGcPc
    04-13 07:52 AM
    Enjoy the moments!!!

    I just sent a mail to my Senator last week.

    Got the card production e-mail today, thank you everyone for your endless support the past 7 years.




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  • newtoearth
    08-23 10:05 AM
    Eligibility Criteria


    Sub-Categories
    Description
    Evidence

    Advanced Degree
    The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
    Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.



    Exceptional Ability
    You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
    You must meet at least three of the criteria below.*

    National Interest Waiver
    Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
    You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.




    * Criteria
    Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
    Letters documenting at least 10 years of full-time experience in your occupation
    A license to practice your profession or certification for your profession or occupation
    Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
    Membership in a professional association(s)
    Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
    Other comparable evidence of eligibility is also acceptable.



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  • bkn96
    12-01 09:50 AM
    Hmmm....I am still wondering...

    1> How much money an applicant will spend on MTR? on self, on dependents?
    2> How much money an applicant will bleed to move to US District Court?
    3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
    4> if he looses EAD job, will CIS again punish him for not having a job?
    5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
    6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?

    (sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)


    1. MTR -USCIS fee$585, Lawyer fee vary between $750 to $3500. Dependents another $500 extra in lawyer fee
    2. US court no idea - but RG website says they take cases free of charges if case is strong as they can get attorney fee from USCIS..




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  • getgreened2010
    07-21 08:28 AM
    I got my loan approved in April 2010 from Wells Fargo, the under writer created some problems but my loan officer gave them references of prior loans getting approved for people on AOS so it worked out well in the end. I know a lot of people who's loans were approved (both conventional and FHA) and were on AOS. All the best hope everything works out well for you.


    Any one recently re-financed or obtained a mortgage loan with Bank of America or Wells Fargo. Both the banks denied loan stating not having a valid visa as a reason, though I have approved EAD with 485 pending and I-140 approved. I have contacted the customer support, since the loan was through the mortgage broker. The underwrite appears to not accept EAD as a valid status and asking to provide a copy of visa to purse further. Any one have any specific docs / links that might help other than the ones in this thread.



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  • hebbar77
    09-11 08:53 PM
    I am in . What do we do. flowers with calculators or a simple math book seems a good idea.




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  • William Kate Wedding


  • ind_game
    05-14 05:10 PM
    I believe so. I assume that USCIS eventually sends a letter acknowledging the revocation, but I don't know for sure.

    Even my attorney says the same thing that they do not represent any revocations and says that there will be an acknowledgment from USCIS regarding revocation.

    I have requested my old employer to provide me the I-140 revocation acknowledgment, but he denies saying he did not receive it and USCIS does not always send acknowledgments. That is his ball game, I could not poke around much.



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  • eb3_nepa
    07-14 01:27 PM
    I know some of you must think:

    "What the heck difference is FIVE dollars going to make?????"

    Well $5 x 30,000 = $150,000 I hope people understand that, $150,000 is NOTHING to sneeze at. So people, you dont even need to dig too deep. Just FIVE DOLLARS.

    Less than the cost of a SUBWAY Sandwich LUNCH.




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  • kinvin
    05-08 04:11 PM
    Thanks,

    I have a labor pending since May 03 in NY and my employer received the just finished the advertisements last week. So I guess it will be a couple of more months before I even see an approval on DOL's website.



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  • ronhira
    08-12 02:36 PM
    yawnnnnnnnn...... i'm waiting for someone to start attacking & blaming others for this...... something like andra v/s tamil or north v/s south india fight..... when r we going to start that..... i'm ready with a box of popcorn to enjoy that "debate"..... lets add some masala to this.... otherwise its boring.....




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  • hcard
    04-30 08:29 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




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  • kumhyd2
    07-13 02:50 PM
    Count me in for san diego. Is a meeting already planned should we have one. How about a meeting near the beach/mission




    looneytunezez
    05-19 07:49 PM
    Congrats...

    FINAL UPDATE

    HURRAHHHHHHHHHHHHHHHHHHHH


    My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.

    ::::::::::::::::::To recap::::::::::::::

    I went to the Congressional office on 05/14/2009 morning.
    Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
    USCIS sent letter to my attorney on Friday (05/15/2009).
    My attorney received it this morning (05/19/2009).

    Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......

    Here is the wording:

    Quote""""""""""""""""""""""""

    Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.

    The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.

    The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.

    After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.

    The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.

    Sincerely

    """""""""""""""""""""""""""""""""""""Unquote




    Keeme
    03-04 12:46 PM
    Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.

    I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.

    I also learned from my attorny office that a case with out having PD current was approved. Will get specifics today on that case.



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