Tuesday, July 19, 2011

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  • pd_recapturing
    11-07 12:22 PM
    Guys, we have already seen the Dec visa bulletin and there is absolutely no change in processing dates so its even more important to fix the AC21 issue ASAP. With this huge delay in 485 approval, more and more people will force to get into AC21 and will see more denials.
    So please please, send letters.





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  • bkn96
    11-19 04:57 PM
    How is the response for MTRs sofar? are they (USCIS) accepting the error and reopening the 485





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  • arunmohan
    08-22 03:05 PM
    Ron did not mention anything about EB3-I. Could we assume that same answer would apply to EB3-I too?:(





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  • gst76
    02-25 03:27 PM
    Oh..i see the phone number now..oops



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  • asharda
    07-11 01:42 PM
    I know it is hard to believe, but according to the tracking number below, Mr. Gonzalez signed for delivery of my flowers today.

    See below:(click on view package progress)
    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432


    G


    LOL :D :D :D





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  • apnair2002
    01-05 08:38 PM
    This site should have some provision so that we can send multiple mails to different people who are suffering from retrogression



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  • gcformeornot
    01-08 08:09 PM
    sending letters.





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  • saimrathi
    07-11 01:46 PM
    I agree...

    No disrespect to Al-Jazeera. But putting our story on that channel is not a good idea. People view anything on it with lot of suspicion, and Fox news interprets everybody Al-Jazeera sympathizes with as you know what.
    Don't come after me for saying this, its not my opinion. But general opinion that I have observed from people who are not well informed(read majority of people). Lets focus on the main stream media in US, outside coverage is not that significant anyway.



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  • pat123
    10-01 12:05 PM
    Hi All

    Today I received email for me
    Your Case Status: Card/ Document Production

    On September 25, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    and for my husband it says

    Your Case Status: Decision

    On September 24, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

    I dont understand why his case is in decision when he is the primary .. Has anyone come across similar situation ?
    My PD is sep 05 and service center is TSC.

    Congratulations. Could you tell me that Notice date of your I-485 application? Is it somehwere in AUG 2007 or Sept2007?

    Thanks





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  • GC_2008
    07-09 09:39 PM
    I can't believe your statements. I think we all die in battle field together if all think like you. Of course we all have to be careful and be smart on our actions, but please do not embarrass yourself...



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  • chanduv23
    03-25 10:10 AM
    Another reason the companies give nowadays is "Unfortunately it is a government project and we cannot accept EAD status" - am baffled as to why they are OK with Green card and not EAD.





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  • gc_chahiye
    06-29 06:03 PM
    I have a few theories on this. This is meant just to open discussion.

    1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
    The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.



    thats possible. I thought the Ombudsman also said something to this effect. that these three (DOL/USCIS/DOS) dont talk to each other as well as they should. Also, apparently visa dates are set by ONE person who does all the number crunching. that seems to be weird. There should be a more transparent mechanism of doing all this.


    2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.


    the U two years ago was apparently because USCIS somehow used up more visas than they should, and ate up all the numbers from the next quarter. Apparently that was the only year they did not waste visa numbers.

    I guess hte only reason they dont want applications IN the system is because it looks bad on them (# of backlog cases); otherwise whats the harm: take the file and stick it on a shelf. As the applicant keeps coming back for EAD/AP
    keep milking them for money. win-win.



    3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.

    Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.

    I would think its #1. The miscommunication across these govt. bodies. We pay the price, there will possibly be a lawsuit (which will be quickly settled) and some heads will roll.



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  • ohguy
    09-18 11:51 PM
    Its same CPO. I have read in the forms here that it could take up to 2-3 weeks since the date of approval to receive the cards in hand.

    Hi Ohguy

    What status changes have you seen on your case so far?





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  • gvenkat
    09-24 11:13 AM
    EB3 india gets only 2803 per year with350 of those going to OW. How did you arrive at the figure.

    based on the other person's analysis. if 2803 is what Eb-3 gets then we are fcuked. :p



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  • pop
    01-18 11:26 AM
    What does your attorney say about it? What is his choice?





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  • akhilmahajan
    11-12 01:02 PM
    Seems like they are getting aware of the problem. Folks lets keep on sending letters. It for our betterment and goodwill. The harder we work on this, the more fruitful will it be for the community as a whole.

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).



    We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.



    If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.



    Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman

    Now, i am waiting response to my letters.

    GO IV GO.



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  • kumar4875
    03-31 10:39 AM
    That's because the existing cases have not had a chance to file their I-485 and therefore are not visible in that report. Does not mean they don't exist. My case is a perfect example of that. I'm not counted in that report but I certainly exist! :-)

    Thaks for correcting me.any way I hope they Does that :D





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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    http://www.myvisajobs.com/H1BVisa/sEmployer.aspx?E=Capital+One&OG=All&SO=All&Y=All&SON=All






    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf



    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf



    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf



    FAQ:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.





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  • BharatPremi
    09-24 12:07 AM
    What is the per country cap for India?

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.





    saimrathi
    07-11 02:13 PM
    Is Arnold Schwarzenegger pro-immigrants? Maybe he can be approached and have him be our spokesperson... Just him, not the party he represents or the post he holds...





    puvathoor
    01-14 03:36 PM
    I have sent letters on my and my wife's behalf..

    Urging my acquaintances who are in the immigration Backlog to do the same..

    Administrative fixes are a good idea.. I think the key to success in reforming the system will be a stealth and incremental reforms rather than any "CIR" type of fixes..



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