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  • mhathi
    01-10 11:43 AM
    It is not popular to say so but I have this doubt too.
    Currently at least there is no requirement to notify and you only need to prove you still have a similar job OFFER (not necessarily working) if and when there is an RFE.

    Only good thing happened to us in last decade, as far as I can remember, is AC21 and concurrent filing.

    All these immigration laws are designed to keep us indebted/bonded to the employer. They might see this as a liberating provision and try to chain us back. This may or may not happen, but just my paranoid reaction,.

    Hope AC21 don't go away like labor substitution has. :(

    That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.

    USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.

    Gurus, correct me if I am wrong.





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  • sumagiri
    09-23 05:35 PM
    The total number of applications excluding EB2, EB3 are 7,653.
    The total visa's per annum -> 140,000
    Considering that there would be more applications during the year from non-retrogressed countries/categories ..it is evident now that there won't be more than 5K such applications. On pessimistic side even if we consider 10K such applications, The visas available for retrogressed EB2 and EB3 should be around 120K this year.
    Total pending EB2 is 74,932. So EB2 should be Current for all countries this year.
    EB3 should get around 40K visas this year.

    Any one disagrees?





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  • Googler
    10-22 01:19 PM
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61

    Update and reference material on namechecks

    Nice job summarizing what we know.





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  • chandooo
    09-21 11:22 AM
    I used the format below:

    Dear Officer,

    My case has been pending since September 2007. Below are the steps I have taken till now in order to get a decision on my case:

    1: Initiated enquiry through my attorney.
    2: Opened a service request with USCIS (Got an invalid response of no visa numbers available)
    3: Made an Infopass appointment with an immigration officer.

    None of the above has resulted in any clarity towards my case status.

    Below are my case details- (Myself & spouse)-

    Applicant name:
    Application type: I-485
    Category: Employment based EB2 (India)
    Priority date:
    Receipt number:

    Spouse details:
    Applicant name:
    Application type: I-485
    Category: Employment based EB2 (India)
    Priority date:
    Receipt number:

    I had the following questions on my case:

    1: As my priority date is current, has my case been assigned to an Immigration officer.
    2: When can I expect a decision to be made on my case as my case is pre-adjudicated.

    If you need any additional details from me, I can be reached at email or phone @ phone number.

    Regards,

    iam sending the email to i opened sr and contacted congressman too iam just curious about how long this will take



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  • royus77
    06-21 09:20 PM
    In filing for I-485 no one has mentioned copy of I-140 or copy of Labor cert.

    My question is how does USCIS tally an AOS application to an already approved I-140 or labor certifcation and find out the PD for the application?


    The A# number assigned in the 1 140 is the link





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  • makemygc
    07-09 06:40 PM
    Time to send pizza then

    I'm sure Mr. Gonzalez will not forward it to army. His staff need it badly after working continuously for 48 hrs.



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  • GCSOON-Ihope
    04-20 12:26 PM
    A friend of mine forgot (!!) :confused: to renew his EAD when it expired last September. He then applied for renewal 60 days after the expiration date and got his new EAD without any problem, no questions asked!
    I filed for my own renewal about 90 days before the expiration date and when about 85 days had passed and I was getting worried, I called USCIS and was told: " Do you need the card to show your employer that you are legal? No? Then, don't worry about it. As long as you applied on-time, you are fine." I actually received the EAD five days after the expiration date...
    These two experiences are from California Center.





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  • smuggymba
    08-18 09:22 AM
    Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!

    Details:

    PD: 04 Jan 2006, EB2 I
    RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
    ND: 27 Aug 2007, NSC

    Didn't do anything in 2008 and decided to do everything possible this time around.
    Aug 3 - Primary I-485 SR,
    Aug 5- Primary EAD SR,
    Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
    Aug 10 - Opened an Infopass for Aug 18
    Aug 16, 8:30 am - Dependent SR
    Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
    Aug 16, 10:15 am - Wife called me to inform the good news, the online status change.
    Aug 16, 10:18 am - got the text message (which just said "check your status online").
    Aug 16: Got the CPO mail (time stamped 10:18am)

    Guys (and Gals), Hang in there and you will have your independence soon.

    Regards,
    Yet Another Greencard Wait (not anymore :)

    Please donate some $$$$ to IV.



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  • saimrathi
    07-11 02:43 PM
    I knew you would find something.. sorry to quote you again.. but i think the quotes are necessary in replies to understand the context of replies.. Yes lets make him aware of the rally in San Jose.. can we have a PDF with info on the rally and a back ground of the case... Thanks..

    I think we are on to something here. Please see the quote below from Arnold. Let's start communicating with his office and highlight the visa bulletin fiasco, flower campaign and media coverage. Should we start a new thread on this topic.

    As Schwarzenegger has said multiple times:

    "I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
    �Polls Push Governor to the Border�, LA Times, April 30, 2005





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  • chanduv23
    11-03 05:08 PM
    check out my blog on AC21

    http://immigrationvoice.org/forum/blog.php?b=12



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  • pamposh
    06-27 08:59 PM
    I got few questions.
    Do we send the 485 forms for dependents and petitioner in the same envelope or different?
    Do we send one check for applicable fees for both?
    what should be answer to question for dependent and petitioner? PART 2: applicant information I am applying for an adjustment to permanent resident status because:





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  • sunty
    09-23 05:24 PM
    As per my knowledge, one can't file I485 application until and unless priority date is current. How come this reporting is showing 485 application count of EB2 after Aug 2007 priority dates.

    As per FAQ's (RED text in above post) these numbers are based on priority dates

    These applicants might have married someone from a non India/China country and thus even though they were born in India, can file I485 due to a different country of chargeability



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  • InTheMoment
    08-04 09:21 PM
    Very relevant info regarding FBI namecheck:
    http://immigrationportal.com/attachment.php?attachmentid=16343&d=1179435102

    Relevant part below:

    Testimony of Michael Cannon,
    Section Chief
    National Name Check Program Section
    Records Management Division
    Federal Bureau of Investigation (FBI)

    Feb 9th, 2006, US District Court
    Southern District of Florida

    (1) 1 am currently the Section Chief of the National Name Check Program Section ("NNCPS"), formerly pa rt of the Record/Information Dissemination Section ("RIDS"), Records Management Division ("RMD"), at the Federal Bureau of Investigation Headqua rters ("FBIHQ")
    in Washington , D.C. I have held this position since March 7, 2005 . This declaration supplements my January 30, 2006 declaration previously submitted in this ma tter and is intended to provide further information in accordance with the order issued in the above captioned case
    on February 9, 2006 by the Honorable United States Dist rict Judge Ursula Ungaro-Henagcs .

    (2) This Honorable Court is seeking additional information on the FBI' s name check process, including the amount of time, on average, required to complete a name check requiring a secondary manual search; the average time required to retrieve and review an FBI record for
    possible derogatory information ; and why it took three years to complete the plaintiffs name check.

    (3) The amount of time, on average , required to complete a name check requiring a secondary manual search varies from case to case. Because there is a backlog of cases currently pending, it is difficult to compute an overall average. As mentioned in my January 30, 2006
    declaration, approximately 68% of the name checks submitted by the United States Citizenship and Immigration Services (USCIS) are electronically returned to USCIS Headquarters as having "No Record" within 48 hours, with a secondary manual search usually identifying an additional 22% of the requests as having a "No Record," for an overall 90% "No Record " response rate . The additional 22% identified as having a "No Record" are returned to USCIS Headquarters within 30 - 60 days of the date of their original submission. As mentioned in my
    January 30, 2006 declaration, the remaining 10% are identified as possibly being the subject of an FBI record, which requires the retrieval and review of the record .

    (4) Many times, the delay associated with the processing of the remaining 10% is not so much the actual time it takes to process a name check, but the time it takes for an analyst to get to the name check request in order to process it. This is due to the constant volume of name
    checks submitted by USCIS, in addition to the FBI's other customers, combined with the FBI's current work on processing the residual name checks from the 2 .7 million name check requests submitted by USCIS in November 2002, as compared to the National Name Check Program's
    (NNCP's) limited resources. So far this fiscal year, the NNCP has received a total average of over 62,400 name checks per week, with over 27,700 coming from USCIS on a weekly basis .

    (5) The average time required to retrieve and review an FBI record for possible derogatory information is case specific, it depends on the number of files an analyst must obtain (which is dictated by the number of "hits" on a name), the location and availability of those files, and the amount of information contained in a file . If a file is located at the Alexandria Records Center located in Alexandria, Virginia, an analyst will be able to obtain a file within a matter of days . If a file is located in a field office or other FBI location, the applicable information must be requested from that location. 'here are over 265 different FBI locations that could house information pertinent to a name check request, If a file is electronically available, an analyst will have immediate access to a file. Additionally, once an analyst receives the file, or the pertinent information contained in a file, the analyst must review it for possible derogatory information . The length of time this takes depends on the amount of information in a file and its complexity.

    (6)The name check request for the plaintiff Maria Trujillos was submitted by USCIS 28 on March 25, 2003 . The timing was such that the submission of the plaintiffs name check request immediately followed the submission of the 2 .7 million names resubmitted by USCIS November 2002 , which unfortunately delayed NNCP' s ability to immediately address the plaintiffs name check request. Plaintiffs name check could not be immediately addressed because the submission of the 2.7 million name checks further depleted NNCP's ability to quickly address its current workload at that time , in addition to hindering NNCP's ability to address future submissions, which included the plaintiff s name check . This, combined with the factors outlined in paragraphs (3) - (5) above, contributed to the time it took to complete the plaintiffs name check .





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  • 53885
    06-16 03:48 PM
    Every 485 applicant needs to submit birth certificate. If in regional language then get it translated in english. I dont know any place/person for translation, but you would need to submit english version.

    Do we need the Birth Certificate for secondary applicants(spouse).
    None of the checklist(Employer based I-485) I have been thru say that I need the secondary applicants Birth certificate.
    My spouses Birth certificate is in a regional language, and hence the question.

    Moved this to the Birth Certificate thread.....



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  • NYS_JUNE2002
    10-16 08:29 PM
    Any comments folks?

    http://levin.senate.gov/newsroom/release.cfm?id=285400

    October 16, 2007 Contact: Press Office
    Phone: 202.228.3685

    Senate Approves Levin Amendment to Improve Oversight of FBI Background Checks

    WASHINGTON � The Senate has approved an amendment by Sen. Carl Levin, D-Mich., to improve oversight of the FBI National Name Check Program, which faces a substantial backlog. The program is used to run background checks on people applying for immigration benefits or seeking employment with the U.S. government, among many other purposes. Levin�s provision, which was included as an amendment to the Commerce, Justice, and Science (CJS) Fiscal Year 2008 Appropriations Bill, would require the FBI to report to Congress every year regarding progress made in improving the FBI�s system of processing background checks and automating investigative files.

    �The background check program�s enormous backlog poses an unacceptable burden on people whose lives are on hold, and it also leads to a national security risk,� Levin said. �Approximately 31,000 cases have been pending for at least 33 months. If these individuals are a security threat, we must know that sooner rather than later.�

    According to the U.S. Citizenship and Immigration Services (USCIS) Ombudsman�s 2007 Annual Report, there were 329,160 name check cases pending in May 2007, which is and increase of 93,358 over the previous year. Many immigrants who are applying for adjustment of status to legal permanent resident, naturalization, asylum, or a waiver end up waiting for months or years for the completion of the name check process.

    In 2003, Robert J. Garrity, Jr., then Acting Assistant Director of the Records Management Division of the FBI stated before the House Committee on Government Reform that, �[t]he name check delays have significant consequences to FBI customers and stakeholders. The delays impede hiring or clearing skilled workers; completing government contracts; student enrollment, and�clearing requested visas for business visits to the United States. More importantly than all of the foregoing, these processing delays can also diminish counterterrorism effectiveness.�





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  • samrat_bhargava_vihari
    06-29 05:38 PM
    I am joining Law Suit. I am leaving this country, if they make it 'U' for Eb2 and Eb3 for India.
    i don't see a point here. they no need to approve the cases if no visa numbers but what wrong to accept. thoguh I am effecting by this my feeling is that this is just a rumor.



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  • ek_bechara
    08-07 02:37 AM
    North Indian/ South Indian, Marathi/Bihari, ABCD/FOB and now US educated EB2 Indians / others. How far are we going to go to showcase our differences?

    My friend: We are one people. We all came to the US with similar dreams. There are many who came before us and are patiently waiting their turn. The issue is not yours or mine, its OURS. It is our duty to fight this injustice and provide equal access to all. Learn a lesson from the jewish community. They pretty much run this country.

    I'm EB2/ Masters from US school and in my seventh year H1-B.





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  • nitinba
    06-29 05:04 PM
    Now that it seems quite probable AOS will all be rejected filed in July I am wondering for how long will medical exams results be valid, so say after 1 yr if my PD is current can I use the medical exams report I got today?





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  • apnair2002
    01-24 07:56 PM
    This is not good news. We dont know what happens in the next few weeks. Immigration is not a very high priority for everybody. The closer we go to elections the more the chances for other issues to creep into schedule. I hope they will atleast attach unused VISA numbers to some bill and tackle the immigration beast when they intend to.
    --MC

    01/24/2006: AILA Reports Push-Back of Senate Comprehensive Immigration Reform Debate Schedules

    AILA reported last week that the Senate Judiciary Committee could start immigration reform debates as early as February 2, but now it reports that the Senate Committee action on immigration legislation may be pushed back until later in February or perhaps into March.
    There are a few immigration portals in the community that monitor and share opinions and news on the comprehensive immigration reform legislation. The following three sites are particularly helpful: www.immigrationvoice.org, www.isnamerica.org, www.immigrationportal.com.
    We will post the summary of the pending comprehensive immigration bills shortly. Please stay tuned





    sri1309
    01-07 12:50 PM
    I fully support this...

    People who meet the conditions above can benefit the US Economy in a long run because...
    1)Deficits are going to be high for a long time...in trillions, and if we are allowed to apply for naturalization directly, there is a better chance for us to pay taxes to reduce the burden.
    2)If we are asked to leave now, the US is committed to Social Security payments(with the minimum 40 points) even if we are outside.
    3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.

    If this Bill is introduced in congress, people will listen because...
    1)People waiting for 10 years... and done all the right things, no one can simply ignore. Also, there will be a sense of guilt on the US Government to have let the situation deteriorate. They will think of ways to make the transition smoother... remember they created a special green card category for Iraqis since there was a sense of guilt.

    2) Whether this passes congress or not, there is a legitimate argument of asking for the congress to rectify the situation. That is the best we can do.

    3) We need to give more and more options to the congress. Not everything sticks, but even if one or two get passed, it goes a long way to help all of us.

    I personally will contribute bigtime if IV core want to take this up!


    Hi,

    Your point below is good. I have never noted this point in my letters. We will include this point. Makes so much sense. Lets ask them to help us when we can contribute more, than to let us just get in when we start consuming SSN benefits and other due to age related issues..How do I give a green to you. Is this is your first post ever?

    "3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.
    "





    sc3
    08-20 09:54 PM
    Also, how is the spillover going to be distributed among EB3? First EB3 ROW and then EB3 C/I as in the old system?

    Personally, I think the visa recapture bill would help things quite a bit.

    The idea here is to get USCIS to follow the law

    Yes, the old system will be restored. Please note that this is the only sure fire way of EB3-I going forward. There is some comments that EB3-I can really only benefit if EB2-I goes current with the current horizontal spill over rules. Such statements are clearly misleading. Eb3-I will not directly be impacted by EB2-I being current. It just allows EB3 to get a lot of numbers which will first be used by EB3-ROW before spilling over into EB3-I.


    With this change, we get EB3ROW move ahead faster, it probably would have been C had the rules been followed, and EB3 would have started moving ahead.

    The only way for EB3 to move ahead is for EB3-ROW to become current, nothing else will help EB3 beyond the visa recapture (which is iffy at best). If we get USCIS to follow rules, this happens sooner, and EB3-I starts to move sooner. If not, EB3-I shall wait for a long time.



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