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  • anandrajesh
    10-14 11:27 AM
    Applied for AP on June 1 at NSC. NO LUD changes till about last week.

    I contacted USCIS and had an expedite request put in. Worked with USCIS ombudsman to figure out what was happening. Worked with my State Senator's office to put some heat on USCIS. After all the above efforts, finally got mine & My spouse's AP approved yesterday.(Oct 13). Total of 134 long days since i applied for my AP.

    NSC is notorious for being late and lackadaiscal. I advice ppl to step in and take your cases to Ombudsman & Senators. They tend to be lot more helpful than USCIS. Good luck





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  • posmd
    03-28 04:14 PM
    Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.

    Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.

    The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.


    I sympathise with your situation. However the point you are missing in the grand scheme of things is retrogression and visa numbers is a problem that can ONLY be solved with legislation. Congress legislates.
    The BEC mess can be sorted in other ways.
    Right now if the BECs were to get off their butts and approve your labour today you would not be any better off in any tangible way. If you wanted to buy your way out of that problem you could file PERM and ask that your labour priority date be substituted.
    There is NO WAY around retrogression mess.
    Try to see the bigger picture, since your ultimate objective presumably is getting the green card.





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  • ryanjoe_99
    10-24 10:55 PM
    thank you. Eventhough my son is 13 year old, when I told about it, he was worried about it.





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  • lifestrikes
    09-14 05:32 PM
    I got my home in Jan 2007 ( 10% down and 80-10 loan) and expecting to file Labor by early next year.

    It's your personal choice and amount of risk you are willing to take.



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  • diptam
    02-02 01:06 PM
    I'm also going to do a FOIA request for my I-140 that got approved in Jan 08. Employer is saying its their petition and they wont share it. I'm not going into argument because they revoke it now - The Legal Immigration system is too weak and too much lopsided to a "employer" rather than on the "individual employee"

    I know during a PD porting to another AC21 employer this approval notice is sufficient even if the I-140 is revoked but my doubt is if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??


    rsn75,

    Thanks for providing link for FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD). I requested I-140 Approval Notice. My status shows 'Your request is currently number 3869 of 5790 pending requests in Track One.'





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  • shirish
    08-15 10:52 AM
    I think the 6 months period should be counted fron the RD on the RN for you I-485, else AC21 and this " propoganda" contadict each other.

    If you get your GC with in 6months from the RD then stay untill you finish 6 months (this is very unlikely to happen as it takes lot more than 6 months)

    If you get the GC after 6 months i think you are fine.


    [QUOTE=oldschool;147268]Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.

    You can leave even before your GC comes through by invoking AC21.

    Frankly, I think the 6 month period is propaganda.

    its my opinion and not legal opinion.



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  • lazycis
    11-29 02:05 PM
    You've got it.
    You do not have to copy the USCIS. Be nice and polite. Explain that you applied for EAD more than 90 days ago. Provide your I-765 receipt number.
    Ask them to follow procedures in Aytes memo. Show the memo. Ask them to contact NSC where your I-765 is pending and alert them about your situation. (Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim). Ask them to provide Notice to you acknowledging status inquiry. If IO refuses to do that, ask to talk to the supervisor and repeat the above. It works. Basically, the federal regulations require them either to issue EAD in 90 days or issue interim EAD.





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  • santa123
    10-15 04:36 PM
    I am trying to submit my FOIA request to get copies of I140 and PERM.
    I have not applied for my I485
    Where and how do I get my A#?



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  • superdoc
    09-19 04:44 PM
    Not entirely true, I switched job a couple of months ago - filed for AC21. I got an acknowledgment from USCIS for the same - stating that it will be added to my file, to be reviewed when my application is processed.
    did u transfer h1 thoough ?





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  • ksrk
    01-16 05:33 PM
    Your case is eligible the chances are high that you'll get it, if dates remain current. And as folks have mentioned, 180 days rule applies. Your infopass will tell you clearly what's happening to your NC but that is immaterial.

    I realized your original question was about FP and its expiry and not about NC. So I withdrew my original post to remind you of the 180 day rule which says where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485 and proceed with card issuance.

    Yeah, the official rule was clearly communicated (to us) about the 180 days since I-485 filing (if it was pending for 180 days...).
    But that rule wasn't followed at the end of FY2008 (Aug/Sept 2008).
    In fact, some customer service reps even mentioned something to the effect of this law would be enforced only from Feb.2009 or something to that effect.

    That is part of the concern with new fingerprinting once the 15-months expire and you have go through the FP/NC process all over again.



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  • jcrajput
    10-25 08:08 AM
    I have one question: My I-485 applcation (employment based) was rejected due to I-130 attachment in error.

    If USCIS reject my entire package of I-485 because I have attached I-130 application. What are my options? Is there any law that USCIS can only reject I-130 and accept I-485 appplications (myself and for my wife)? I have seperate fee checks for all the applications.

    Please help me....





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  • sammyb
    10-05 03:56 PM
    ^^^^^^^^^^^^^^^^^


    couldn't attend this time ...



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  • go_guy123
    07-02 10:27 AM
    another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.


    Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.

    Besides this it needs a law change.





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  • vijayfx35
    03-01 12:56 PM
    Ok, just put in my contribution, for now.



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  • n2b
    09-05 05:18 PM
    Hello Everyone,

    I am back again. This forum is outstanding when it comes to reliable information....

    I work for a reputed US Consulting firm. They under-pay you and make you over work. They market fake resumes in a polished way. YES... IT is TRUE. Don't just blame the desi consultants.

    I am on a EAD. I wanted to switch to hourly basis and wanted to see if there are any direct vendors who would be ready to pay better rates. Desi Consulting Co. is out of question. From my experience, Robert Half is bad too. Is there a better way to market yourself..to the employer?

    Any help will be appreciated. !!

    It would make more sense to compare and brainstorm if you can post the skillset you have in mind and the rate you wish for?

    I agree that being on EAD or having a GC puts a person in a better situation compared to H1B but the bottom line is the skillset in context, demand for that skillset and expertise that one has in that skillset.





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  • lord_labaku
    06-09 07:32 PM
    One of my co-workers started me with a gun range membership...you can even find ones that dont require membership...just show ur drivers license and rent guns from the range & dont worry about carry permits...etc etc

    Its the best way to enjoy shooting & the less expensive way too. Ever since Obama was gonna be in power...firearms & ammo prices have been going up.

    But .22LR (best caliber for beginners) is still the cheapest...

    - If you outlaw guns, only outlaws will carry guns-



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  • BharatPremi
    07-06 01:04 PM
    In its note http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf, the USCIS clearly says it would reject applications starting 7/2. So, how can it accept July applications--especially when many of them haven't been sent yet?

    He wrote "If we win lawsuite..."





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  • radhagd
    05-15 09:36 AM
    If you want you can file both AOS and CP simultaneously.





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  • apnair2002
    04-13 12:30 PM
    Please signed up for recurring contribution....





    alterego
    10-20 08:42 PM
    Good to hear that 01, 02 & 03 ppl r getting approved. Atleast they are following FIFO and the line is getting shorter. Not that I am not happy abut the 06 folks who got GC but it should realistic 'First In First Out'.

    The only problem with this is as follows. You are either FIFO all the way or you are not. When you are FIFO by convenience, then the result is multi year old 485s, and volatile PD movements that make the stock market gyrations seem minuscule, which is clearly not the intent of the system. Where was FIFO this summer when they were shooting random approvals from the hip? How can you say FIFO for come and luck of the draw for others?
    I am especially glad to see the older cases getting their due, but they have most certainly screwed some ie those with 2004/5 PDs, especially those at the NSC by their policy this summer.





    sunny1000
    10-05 01:55 PM
    no that makes no sense. There is absolutely no need to mention illegals in that paragraph where they are talking about high-skilled immigrants. There is no one (well except Bernie Sanders and Tom Tancredo) who is against high-skilled immigrants. Hard to find a line against our cause, so they lump in a line about illegals? Thats plain stupid.

    I got your point and that of logiclife's and I agree....there is no need for them to mention the illegals (a cheap attempt on the part of WSJ). I was merely pointing out that WSJ technically does not say that we (high tech workers) are illegal.



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