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  • abhijitp
    02-16 11:07 AM
    See you there on Sunday

    This is awesome!
    Gsc999 we promise to do our best here too... we badly need volunteers, though.





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  • h1techSlave
    09-27 09:56 AM
    I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.

    Even our efforts to spread the hardships of legal immigrants gets washed out in the big noise on illegals.

    Like we did in the rally, we have to specifically and forcefully mention that we are legals. Only with our efforts that the American public and the politicians will start noticing about this neglected section of legal immigration.





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  • pitha
    05-14 11:35 PM
    It is going to go back that is 100% gaurenteed, when that is the question. I have a pd of august 2005 eb2 will I make it before it retrogresses :confused:

    This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.

    This means that we have to stay put and work towards our common goal of getting the system fixed.





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  • GCwaitforever
    07-14 06:37 AM
    This is great news. :) This increases the chances of letting the bill fly through all the obstacles the House.



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  • laksmi
    03-06 01:02 PM
    EAD correction is very simple and they will fix with in 4 months worse case.





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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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  • honge_kamyaab
    11-15 12:07 PM
    Have you tried to get an appointment in Calgary, Halifax or Quebec City. These 3 places are normally the easiest to get visa appt.

    Also answer depends on number of questions.

    1) What is your current nationality

    2) Do you have expired H1 B stamp in your passport ?

    1. I hold an Indian passport

    2. My H-1B visa stamp expired

    3. I have a valid I-797 till 2008.

    4. I have a Canadian PR and yet to land.

    I tried nvars.com and found none in Nov and Decemeber





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  • dealsnet
    03-30 09:43 AM
    :eek:What is your point ?

    What you want to say ?:confused:

    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.



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  • sledge_hammer
    05-14 05:57 PM
    ^^^^





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  • nissan_1
    11-30 12:59 PM
    Thanks for your reply guys..I have 71 points (with 16 language point). Hence I have to get at least 12 points in language skill. I think i will have to sit for IELTS..no other choice man :( But I have found in one canadian immigration forum that one guy with similiar situation replied back to canadian consulate that he studied English from school and also his work experiance is in english and he really thinks he should get 16 points. And then the embassy called him for an interview in NY and finally he got his PR. But this is just one example, everyone else ultimately took IELTS...

    For me I have to fly to a different city as there is no IELTS center here...The IELTS gonna cost me some $$$ :((((

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.



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  • mhathi
    10-01 11:00 AM
    Priority date needs to be current both at the time of filing 485, as well as at the time of approval. Hence, PD is very important even after filing. The issue I do not understand is how the applications are processed. Are they processed in the times only when PD is current, or are they processed regardless of PD but lie in pre-adjudicated status until the particular applications PD becomes current again (if retrogressed)?





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  • chris
    02-05 09:02 PM
    One time one IO told me once you file your 485 or any application means USCIS is working on your case. You have to wait until they mail a decission. (what are we going to do though :p)

    Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p

    Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:

    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.



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  • usirit
    11-21 10:52 PM
    Unless their is a backdoor... If I decide to switch to my new employer and transfer my GC & H1B, it will be done again as an EB-3... I have 10+ years of experience and an Associate Degree... last year tried to obtain a Bachelor of Science in Business of Information Systems (BSBIS) but my actual employer stop funding so... I had to stop. :mad: New employer's attorney confirmed this.

    An EB-2:
    > Is a member of the professions holding advanced degrees or their equivalent; or
    > Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.

    An EB-3:
    Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.

    Meridiani.planum: Thank you for your detailed description.
    Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.

    Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.





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  • ram112
    09-03 03:52 AM
    gc approved on sept 1.



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  • walking_dude
    01-30 12:24 PM
    Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.

    Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers



    Dear Editor,

    I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.

    As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.

    http://www.prweb.com/releases/2008/1/prweb661904.htm

    I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org

    Sincerely,
    xxxx

    <<name>>
    <<address>>
    <<phone>>





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  • jonty_11
    12-03 02:15 PM
    I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....

    I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.



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  • willigetagc
    09-02 11:50 AM
    Edit. Latest ..on my case.(with a little history) and this is hilarious.

    8/21/2008 : Talk with the California Service Center (hopefully)
    Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
    Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.


    8/22/2008: Talk with Customer Service
    Customer Service: Your case is still in California.

    9/2/2008 : Info pass appointment. Talk with IO
    IO: Your case is still in TSC but will be transferred to CSC soon.

    I cannot believe such an organization exists in the world.
    ************************************************** *********************************



    LOL!!!! I wonder if they want "chai - paan" like their brethren back home. :D





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  • ilikekilo
    03-03 09:30 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    I hear you...however the probability of success predicting the odds with USCIS are zero to none.. be +ve and move on.. Listen, iam not being philosophical here but I did move on from a so called "secure" and great company using AC21....to a smaller one....

    was I concerned when I was planning to move : yes
    do i loose sleep over this? no
    did i file for ac 21? yes
    Am I really worried : heck no
    Am i ready for anything that comes my way from USCIS: heck yes and I will deal with it..easy to say..yes..but doesnt mean it will stop my life..

    ps: btw Iam not single and yes I do have a family with a kid and ofcourse commitments like most poeple... so relax ..take it easy..

    reg your question i am sure somone in teh forum is more knowledgeable than Iam..





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  • natrajs
    04-21 02:39 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.

    Congrats and Best Wishes





    gemini23
    07-17 02:23 PM
    Excerpt from Gregs blog and comments :(

    "Things are going SOUTH . No agreement and No relief.
    Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."


    OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.

    Thanks, but keep moving.





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