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  • Edison99
    06-02 08:15 AM
    Congrats satyachowdary on your I-140 approval. Is your I-485 has been approved with or with out interfile request, let me know...
    My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.

    In the subject line, put : I-485 Multiple I-140s

    Body of the email :

    Dear Sir/Madam
    I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
    Please contact me if you need any other information.

    My case receipt numbers:
    EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
    EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
    I-485: Receipt# SRCXXXXXXXXXX

    Primary details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Spouse Details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Thanking you

    Sincerely,
    Name
    Address
    Ph No :
    Email :





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  • naushit
    01-09 02:58 PM
    Guys Here are my ideas for actions.

    Our community is facing basically two types of problems

    1) Visa number shortage.
    2) USCIS Administrative problems.

    Visa Number shortage is not fixable without proper law change.

    While USCIS Administrative problems are easier to handle.

    I would suggest, after new homeland security secretary (Janet Napolitano) takes office on Jan 20 2009, We should simply take 30 minute appointment.
    Sit down with her....and explain her along with "Power point" presentation.

    We are highly skilled professionals, so lets tackle these issue very professional way.

    We should explain her about following things

    - Out of order case processing ( this will fix about 40% of our problems)

    Since our case becomes very very predictible.. one can sleep at night without checking their emails from CRIS.

    - Timely publication of numbers.

    - Proper publication of backlog numbers with details for each category.

    - Open communication with IV community just like Ombudsman take calls from public.

    - Please add your idea here

    Thanks!
    Naushit.





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  • franklin
    02-13 10:49 AM
    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


    Interesting! Thanks for the correction





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  • sdrblr
    09-11 01:53 PM
    I dont know what is your educational and experience background but please understand that it is very hard to get EB2 labor certified. It is not as easy as telling "I will start EB2 LC application"



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  • vinabath
    07-02 03:10 PM
    USCIS made my lazy paralegal work overtime for 2 weeks.

    USCIS used the famous 'SHOCK and AWE' stratefy on us.





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  • ajm
    05-04 08:18 PM
    My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
    http://immigrationvoice.org/forum/showthread.php?t=600

    The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.



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  • iwantmygreen
    08-06 08:02 PM
    I sent you PM. Please, check the same I havent received any PM from you. Can you resend.





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  • boreal
    12-02 01:38 AM
    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?

    I think they are going by the RD. Not on PD. Mine is Aug 10 ND and July 2 RD (with Jan 06 PD) and we got an RFE couple of months back...so i guess now they are processing Sep ND/RD...



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  • h1techSlave
    02-24 07:55 AM
    Obama administration is selling out their ideologies to garner support of Republicans.

    So what has really changed? Bush/Cheney were selling the country to the Saudis. Obama and gang are selling out to the Republicans. Yeah, some change.

    are coming per Oh website.....

    http://www.immigration-law.com/Canada.html





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  • shadowbuddy
    03-17 12:56 AM
    I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.

    My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.

    I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!

    Goodluck!

    Thanks, we are really going to give it a go. I'll fight as long and as hard as I have to. It sad to think that someone else could make a simple mistake that could result in my wife and I having to leave the country. We love it here. It's our home.

    I will keep you all posted as to how it goes over the next couple of weeks.



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  • satishku_2000
    08-15 03:30 PM
    My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...


    My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.

    Anyone in the same boat..

    I want to file for EAD and TD and dont have receipts yet and have been sending emails to attorney office everyday about RNs. Looks like they are busy with Aug 17th deadline and they have not got back to me yet. My lawyer dint say anything about RNs but I thought it would be nice to file for EAD and TD with 485 receipt notice so that the case would be str8forward .





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  • RNGC
    02-05 04:47 PM
    ^^



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  • izolo
    06-04 10:29 AM
    thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
    Thanks again





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  • ghost
    07-24 07:52 PM
    Murthy is Immigration Attorney: www.murthy.com

    IV is Immigration Voice



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  • aroranuj
    08-21 11:41 AM
    This is extremely helpful. I did not even get so much information from the Call Center.

    Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)

    If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.

    Hope this helps.





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  • saxx
    01-19 10:52 PM
    Yeah man, trying to communicate with
    blog.organa.ca



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  • GotGC??
    09-06 04:37 PM
    UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.

    The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).

    Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.

    Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:

    "UK Plan to boost immigration from India"

    http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India





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  • NolaIndian32
    08-12 10:28 PM
    Ok - i gathered myself at this thread...now what? :p





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  • techskill
    08-14 05:05 PM
    Hi all:

    I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.

    However, I just got an approval email for my I-485 and the online status has been changed to approved too.

    What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?

    We are really worried. Has anyone been in this situation? What is the best way to resolve this?

    I can honestly say that I never thought I would look at my 485 approval and get depressed.

    Thanks.


    Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.





    Raj_345
    07-11 11:24 AM
    Thanks for the response raysaikat... the above information is definitely very helpful for me.

    As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.

    However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?

    Please advise.

    Thanks





    ragz4u
    01-25 11:53 AM
    What is lobbying and is it legal?
    As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying

    It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about

    What has lobbying got to do with the Immigration Bill?

    As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.

    The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others

    This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.

    This markup already seems to contain the provisions we need, what are we still worried about?

    If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.

    1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time

    2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!

    3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history

    4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here

    5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture

    So as can be seen, there are various stumbling blocks towards achieving a favorable bill.

    The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.

    A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital

    Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?

    We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.

    During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.

    It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.

    Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.

    A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.

    We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.

    All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams

    And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm



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