sohilbt
08-13 04:40 PM
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
Aug. 10 receipting update.
No movement for NSC.
TSC moved to 6/28/07
Aug. 10 receipting update.
No movement for NSC.
TSC moved to 6/28/07
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abracadabra102
05-10 09:59 AM
A suggestion about the contents of these emails/letters:
Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.
I see 2 problems with this:
1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.
In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.
Examples:
Impact on US economy:
- I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business
Impact on our families:
- My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork
Impact on the communities:
- Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.
Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!
-a
good job!
Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.
I see 2 problems with this:
1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.
In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.
Examples:
Impact on US economy:
- I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business
Impact on our families:
- My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork
Impact on the communities:
- Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.
Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!
-a
good job!
sayantan76
07-08 03:34 PM
I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.
Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution
That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.
Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution
That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
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Kodi
07-31 02:08 PM
Are AP's being approved faster ?
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
more...
rolrblade
11-21 08:10 AM
Hello Mehul:
I pray for you and your family and hope that god gives you the courage to deal with this extremely unfortunate situation.
On the note of your question, I have written to Greg Siskind requesting him to highlight you situation (ofcourse maintaining anonimity) and to suggest any recourse that you might have. Please keep an eye out on his blog and I hope he addresses this.
As a note to all the administrators of this IV forum, I am sure we can pull a few strings to have an attorney provide a free consultation to Mehul .
ALso, Mehul, if you cannot find an attorney who can provide a free consultation, please let me know and I can request my attorney if he would do this favor for me.
I pray for you and your family and hope that god gives you the courage to deal with this extremely unfortunate situation.
On the note of your question, I have written to Greg Siskind requesting him to highlight you situation (ofcourse maintaining anonimity) and to suggest any recourse that you might have. Please keep an eye out on his blog and I hope he addresses this.
As a note to all the administrators of this IV forum, I am sure we can pull a few strings to have an attorney provide a free consultation to Mehul .
ALso, Mehul, if you cannot find an attorney who can provide a free consultation, please let me know and I can request my attorney if he would do this favor for me.
bkam
06-26 01:51 PM
I am not going to stoop to your level, Bkam, but the next time you post a comment about sombreros etc you are looking at a ban. It is up to you what you choose to do.
Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.
Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.
more...
gapala
05-09 12:30 AM
Guys, when you write to senators/WH/ other officials, Its important to include the reasons for this huge backlog. 1) Wasted visa numbers due to CIS inefficiencies for past decade.
2) Country quota... I believe the visa waste is more of a problem on their side. Also when you highlight a problem, do not just end with problem, quantify with quoting the visa bulletin's memos and other statistics from ombudsman's report.
Important, include a suggested approach to resolution as well.. which is "Recapture the wasted visa numbers and elimination / fixing the dispropotionate of country quota". This will atleast set the precendence to thought process on the fix.
abrupt and emotional emails would not cut it in this protectionist environment created due to job loss and economy. Just a humble suggestion. We have to be a part of solution to housing problem as well.
2) Country quota... I believe the visa waste is more of a problem on their side. Also when you highlight a problem, do not just end with problem, quantify with quoting the visa bulletin's memos and other statistics from ombudsman's report.
Important, include a suggested approach to resolution as well.. which is "Recapture the wasted visa numbers and elimination / fixing the dispropotionate of country quota". This will atleast set the precendence to thought process on the fix.
abrupt and emotional emails would not cut it in this protectionist environment created due to job loss and economy. Just a humble suggestion. We have to be a part of solution to housing problem as well.
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saileshdude
09-24 12:11 PM
Surabhi,
Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.
That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.
That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
more...
NKR
08-18 07:58 AM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
What is your RD?. I think they are going by RD but I am not sure.
my RD is 10th Oct, ,my PD is May 2004.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
What is your RD?. I think they are going by RD but I am not sure.
my RD is 10th Oct, ,my PD is May 2004.
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jsb
03-10 01:55 PM
what makes you think i am sitting at home waiting for the gc?
my post was in response to Sayantan's post - go back and read what he said.
With "you" I meant all those in these forums. Main point is in the second paragraph.
my post was in response to Sayantan's post - go back and read what he said.
With "you" I meant all those in these forums. Main point is in the second paragraph.
more...
shana04
07-20 10:55 AM
My pledge $200.00
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Shana04
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Shana04
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neelu
05-23 01:25 PM
Finished calling the senators. Got hold of 2 + 7 senators.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
more...
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EB3_SEP04
08-13 06:18 PM
Hi,
My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.
Generally how long does take to get the receipt notices?
Please let me know if any has filed around same date and received the receipts?
Thank you!
my app reached on 7/1, Recieved receipt on 7/11 with notice date 7/7. Remember 7/4 was a holiday. 8-14 calendar days is the most common i have seen for receiving receipt. Ask your company's lawyer if the checks are cashed yet, if yes try to get the receipt # from the back of the check. When my first EAD was filed last year, our corporate lawyer had sent me image of back of the check.
Good luck!
My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.
Generally how long does take to get the receipt notices?
Please let me know if any has filed around same date and received the receipts?
Thank you!
my app reached on 7/1, Recieved receipt on 7/11 with notice date 7/7. Remember 7/4 was a holiday. 8-14 calendar days is the most common i have seen for receiving receipt. Ask your company's lawyer if the checks are cashed yet, if yes try to get the receipt # from the back of the check. When my first EAD was filed last year, our corporate lawyer had sent me image of back of the check.
Good luck!
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eb3retro
08-18 02:45 PM
I don think this issue concerns you. So , with all due respect, please BACK OFF.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
excellent points eb3 napa..Sunny surya i think you surely need to come up with some proper reply (instead of one liners) to eb3napa to convince people here.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
excellent points eb3 napa..Sunny surya i think you surely need to come up with some proper reply (instead of one liners) to eb3napa to convince people here.
more...
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sanjeev_2004
09-13 03:06 PM
Dear All:
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
Create a new thread for TSC.
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
Create a new thread for TSC.
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softwareguy
07-08 03:50 PM
Do you really believe there are 700K "unique" cases pending.
I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..
Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:
I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..
Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:
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mrajatish
05-02 06:49 PM
I believe pending application for 485
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gc_lover
07-02 09:02 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
This link is there since Friday. There was no useful information on Friday, just rumors!
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
This link is there since Friday. There was no useful information on Friday, just rumors!
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Googler
07-07 09:08 PM
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
simple1
05-02 02:00 AM
http://www.state.gov/documents/organization/87867.pdf
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
a2k2
11-17 04:54 PM
Done!!
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