Tuesday, June 28, 2011

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  • sayonara
    08-24 03:24 PM
    being anguished about the situation of not getting receipts and even worse - not being able to track or check status...I emailed the attorney and asked if he could check for encashed checks or if their firm is getting july 2nd receipts...
    His response :

    "We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."

    :mad::mad::mad:




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  • sanhari
    08-24 02:27 PM
    Anybody have any update or heard anything on the visa recapture bill HR5658(111th congress)?




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  • eb3_nepa
    07-06 09:44 AM
    DEAD FISH DEAD FISH!! :p




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  • hiUS
    09-12 11:20 AM
    I just called the Customer Service. She just says only one thing when I asked for the status of my cards.

    Tha answer is to put a Service request.



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  • newbee7
    07-07 08:23 PM
    All officials have talked about processing 60k visas in a month to avoid visas going waste.
    None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
    So, why the mad rush to give out all visas by 06/30?? We all know why..




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  • franklin
    07-05 11:17 AM
    Guys
    this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.

    cmon, arise,awake.

    Sorry - I had no idea what this thread was about.



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  • acecupid
    09-24 02:06 PM
    The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

    I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

    Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

    This is very simillar to labor substitution...

    It is really absurd to compare porting with labor substitution. Just because porting is not favourable to you, doesnt mean people are abusing the process. Unlike labor substitution which was sold for $$$, the person porting from EB3 to EB2 has to show enough proof to get ported to EB2. Get your mind out of the gutter. By making these allegations you are hurting your own cause and it will not benefit anyone. There is only one queue which is based on priority date and not based on category in which it was applied. You may think it is unfair to YOU but that is the law.

    Can you prove that the law is broken by porting ? What is the basis for your argument other than YOU think it is unfair to YOU ? Stop being so paranoid and help with efforts that help the entire EB community.




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  • desi3933
    06-22 07:53 PM
    Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.

    BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.

    My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.

    Good luck.

    The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.

    Just trying to bring the other side of the coin.

    These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.

    I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.

    Good Luck to everyone and keep your hopes high.

    This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002



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  • noone2day78
    09-22 05:30 PM
    Received FP notice today. The online tracker says following:

    Current Status: Case received and pending.

    On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.

    My lawyer confirmed that the application was posted on august 2nd 07.

    Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?




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  • sweet_jungle
    11-07 01:13 PM
    Thanks much.

    What is the email address that you sent this to?

    prakash.@dhs.gov



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  • SunnySurya
    08-18 02:39 PM
    That is absolutely correct!I thought SunnySurya is talking about Processing application based on Priority dates which is applicable to Any Employement or Even family categories, with respect to Quota for that catagories..

    So guys hang on Your swords. Its not EB3 or EB2 or EB1.




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  • gjoe
    10-09 06:18 AM
    Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
    It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
    This GC system broke because the system was revamped without taking into account the whole process.
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.



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  • spulavarthi
    09-03 04:19 PM
    I got the welcome notice in mail.
    I got the cards in the mail.


    I did not get the 'approval notice' yet(mailed on aug 22).
    Does it matter?

    sk2006,

    Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?

    Srini.




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  • romeshtrisal
    09-11 08:26 PM
    Do you know who received it at Nebraska Center? You will find the name of the person who received it in FedEx/DHL/UPS delivery confirmation based on the tracking no. you provide while checking status. Was it M. Schwitzer?
    Me and two more of my friends sent our respective petitions on July 27th at the same time thru the same lawyer. All these petitions were received in separate FedEx packets by this guy M. Schwitzer on 30th July. All of us are on the same boat..... no receipt notices, no encashed checks...

    My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.

    Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.

    Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.



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  • dealsnet
    03-26 10:58 AM
    Nma check is history now. After filed I-485, and 180 days passed, name check is not a factor for GC. If your NC is pending, still they issue you a GC.
    Are you not reading news papers???????????

    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2




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  • nmdial
    07-21 08:13 AM
    When we talk about fairness, we forget the fact that life is not fair. Instead of a division among ourselves, we should aim for a constructive approach otherwise this whole advocacy drive would be futile.



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  • rdehar
    10-08 02:48 PM
    This should be #1 priority of IV.

    People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.

    People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...




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  • sparklinks
    08-13 02:43 PM
    Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?

    Mine also EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC BUT non of my checks were cashed:confused:




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  • summerof98
    06-07 08:26 AM
    The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.


    reddymjm,
    I thought that we have to send our I-485 applications to NSC regardless of which state you are from.

    Is that not true? How come your friend sent it to TSC?

    Also, what do you mean by "Nebraska had a 6 day lag till Jan 1st"?

    Thanks.




    xu1
    05-03 12:19 PM
    Section 205. Retaining Workers Subject to Green Card Backlog.

    This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)

    However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..

    wow,

    what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?

    Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?

    Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?




    CADude
    03-25 05:50 PM
    You are an optimistic guy. keep it up. I used to be same once upon a time. Not Any More... :D
    EB3 India, PD: July 2001
    Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.

    You will get it this Calendar Year. Trust me.



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