Sunday, June 12, 2011

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  • raghureddy
    03-18 05:59 PM
    I have met the Senators office also last year they sent me a letter saying that USCIS is doing a background check on the company and that made me file my h1 extension from a different company.....i am confused as what to do at this stage i have a EAD which will expire in Jul 2008.




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  • pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.




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  • number30
    05-08 06:27 PM
    What if you directly send a personal check?

    MAy be good for large amounts. But for small amount too much fees is associated. I sent some checks of $100 to a charity , almost Rs 500 was deducted as fees for every Check. It was Syndicate Bank where they encashed the check.




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  • chanduv23
    01-31 12:36 PM
    Who is United Nations? From your views, it seems like United Nations is a pretty strong asset. Please post more information.

    he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
    In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
    He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
    He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
    Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.



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  • TomTancredo
    03-11 05:30 PM
    This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
    Lets assume the greencard is approved and can it be revoked if i never work for the employer.
    And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.

    They will issue an RFE and ask you to prove otherwise.... They can flag your GC and can come after you at the time of Naturalization .. They can ask you when you enter and exit the country about how you got your GC..(This happens very frequently).. They can ask you if you ever worked ...

    if a company is doing business based on US immigration system , USCIS has many ways to find about it .


    If you have worked for them at the time of filing labor or 140 or 485 statge ... it should be easy to prove the intent because you have paystubs/w-2/...etc




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  • branpaul_guiao
    06-09 03:09 AM
    I

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010


    is there a premium processing for waiver application?

    I applied for J-1 waiver 3 months ago through No Objection Statement. My home country has already confirmed that they sent the NOS letter to State Dept Waiver Review Division last month, but until now the State Dept hasn't given any update. I checked online and it says documents pending.



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  • Bpositive
    01-05 12:12 PM
    Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...

    Anyone?




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  • GCBy3000
    05-19 09:35 AM
    Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"

    Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.

    Patience wins in this GC process.



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  • gc_on_demand
    11-20 12:13 PM
    I think the Core team should try to contact her ASAP to make her aware of your situation. Her schedule will me more tight after January, and it might we very very difficult to get her attention for few months after that.

    Harivinder ,

    WE are core here. Right now given economy environment only few members are insterested into this forum. Rest are enjoying life with EAD or busy replying RFE's ... We need to wait for sometime becasue no matter how loud you cry right now no body is there to listen. ( Lame duck session is short and 100 % no hope for us. )

    I dont think we can push something to congress untill Feb 2009. So enjoy time with family in holidays.




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  • sammyb
    03-24 08:37 PM
    just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...

    Thanks ... wil listen to it from home ...



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  • ItIsNotFunny
    12-04 04:39 PM
    Hope all is well there - I fly in there in 2 days.

    It was more scare than reality. Security forces are searching....




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  • probe
    05-27 02:59 PM
    Applied (E-filed) on 4/19/2010 LUD on 4/26/2010 received receipt notice in a week.So far no finger print notice . I did received finger print twice in the past when I applied for EAD even though they took finger prints for I-485.
    I heard that finger prints obtained at port of entry will be good for other immigration related applications.



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  • vinnysuru
    04-01 10:16 AM
    Yes I was called for an in person interview and after the interview was told that the case is approvable. All the checks have been done and I just need a visa # to get the GC. I do not know how and why I was called for interview but I was the amonst the day 1 filer in July 2007. My application had reached on Jul 2 2007.


    Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.

    Then he made a decision: Case approvable pending visa availability!

    Hope that helps!




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  • priderock
    05-15 01:33 PM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?



    If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.

    I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.



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  • kpchal2
    03-03 11:55 AM
    chanduv
    thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
    thanks a lot in advance.




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  • punjabi
    02-22 07:19 PM
    Hi Kris,

    Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.

    Thanks.


    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps .....kris



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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.




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  • jonty_11
    04-21 01:08 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.
    thats calle dwinning the POWERBALL. I am assuming EB3....

    So no RFEs after applying 485..?

    Point is if you were actually out of a job this very moment....USCIS wudnt know and still issue ur GC...?




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  • paskal
    12-20 11:10 PM
    /\/\/\/\/\/\/\/\/\/\/\/\




    eb3_nepa
    04-13 11:19 AM
    I was reading this article.

    http://www.usconstitution.net/consttop_law.html.

    It's a great article and maybe we shud add it in our FAQ section.

    If you scroll down to the heading "The Bill Becomes Law"

    it says :

    Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.

    Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.

    Check this out too.

    http://thomas.loc.gov/home/lawsmade.bysec/presidential.html

    "A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."




    krish2005
    11-09 03:42 PM
    Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.

    Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).

    Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.

    This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.

    Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.

    Hope that I have submitted a informative post here.



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