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  • sve0390
    09-26 05:02 AM
    Can someone post the link for the 485 data? the original link posted on this thread is not working for me any more. It worked for me yesterday, but doesn't work anymore.

    Thanks

    This may be it now:

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    The link says the data was updated August 25, 2009.





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  • krish2006
    04-05 09:14 AM
    Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.

    DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)

    The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.

    I strongly doubt your argument. For the past six months , Demand data before Jan1st,2006 stayed zero for EB2 I/C. If USCIS thinks one of those pre 2006 cases are approvable then we would see this reflect in DOS demand data.

    At the end of the day, whatever data that is listed in Demand data is all that matters. Since it is the only determining factor for setting VB dates and nothing else





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  • SunnySurya
    08-07 11:01 AM
    I am the later...
    Many of us are prone to extreme selfishness. You could be a numberusa guy or really frustrated EB applicant.





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  • mamit
    02-28 08:32 AM
    Mamit: Take a deeeeeeeeep breath! Good for you that you are dealing with this right at the start of your career. Get all the bad stuff out upfront. I have a family and life to take care of in the US and I am stuck in this crap since Jan 7th. It is extremely hard and frustrating - but there is simply nothing that you can do about it right now. So, relax and wait it out.

    The PIMS stuff is all messed up and iff you have a common name, your lottery for "Security Clearance" may have come. That would significantly add time to it. If this is your first stamping - the chances of rigorous checking is higher - although that is not always the case.

    It is easier said than done - but seriously, let the life take its own course, this too shall pass and soon!

    Good Luck and cheer up!

    Calabor2001, thanks for the moral support and I am sorry to learn about your situation too which, like mine, seems to have become quite an ordeal.

    I did post a question on the other thread today about the Advance Parole (AP). Did you know about it when you left for Delhi? To be honest, I didn't. In fact, for two months I wasn't even going online to research about why I was stuck here, and was hoping my visa was just around the corners. I have posted a question on that thread asking if it was possible to obtain an AP while in India. If it is possible then I can go to Delhi, get my unstamped passport (they did say I could do that when I interviewed with them), and go to US. And when my security clearance is done, all I will have to do is fedex it to VFS in delhi. Let me know if you have any idea about this stuff.



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  • gc_on_demand
    04-01 03:59 PM
    When you say "according the our calculations", and you can only come up with years (& not 1 year, 2 year), you have obviously not done a very accurate calculation/guestimation.

    I wouldn't put too much stock into it.

    There are two years (2006 and 2007 ) from 2006 to 2007 and you know language of all lawyers, so he is not wrong here too. I bet you if you can convince him to say 1-2 or 3 years.





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  • bp333
    03-10 01:12 PM
    Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years.

    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.


    Agree with this approach. I'd rather ask big and settle for less than ask for less and settle for nothing! We really need to emphasize the point that we have been here for years legally paying taxes, other fees imposed on us NOT knowing the end state. Remember only the squeaky wheel gets the greese. More over there is never a good time, at least I have not seen one in the past 13 years, time always bring new challenges and issues but unless we speak up we dont make it to their priority list for consideration.



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  • zCool
    03-24 04:11 PM
    Of course they have to continue the sponsorship of your green card via AC21 if needed.
    Usage of EAD actually makes the hire less restricted and more volatile (Yearly renewal)
    As we go forward with massive number of folks needing/using EAD. Very soon EAD is going to be similar to H1b .. companies will outsource hassle to vendors,





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  • inderman
    10-15 06:02 PM
    Called one more time using the POJ method to NSC... This was probably the most fruitful call to NSC in the last 7-8 odd times i have called them.

    Someone called Terry answered the call... Hats off to this lady...If there is a way i would want to recommend this lady for a promotion and make her the project manager for all the rest of the IOs who answer the call!!!

    My case PD is 1/15/05, filed at TSC, transferred to NSC in Mar 08, applied AC 21 in Aug 08 and did biometrics in Feb 09.


    Information i received on my case from this call:

    1. This lady got my receipt#, checked details and history on my case, let me know that the case is preadjudicated (she defined preadjudication before that)

    2. and then, told me that the case is NOT in storage area.

    3. She mentioned that preadjudicated cases are held in an area called exams area and my case is currently on its way from exams area back to the officer who had preadjudicated my case earlier in Oct 2008.

    4. She then checked my wife's file to see if that is also with my case just to make sure that file is not lost etc and confirmed that both files are together.

    5. She also mentioned that nothing else needs to be done right now for my case as it is already on its way back to IO.


    Thanks to know that there is atleast one person at NSC who understands what we are going thru' and is willing to atleast provide some details...



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  • newbee7
    07-09 07:19 PM
    USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.

    We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".

    ---------------------------------


    Very well said..English_August!





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  • fatjoe
    10-22 04:12 PM
    Mine is at TSC. PD: July 04. RD: Aug 17, 2007. ND: Oct 15, 2007. What is your RD and ND?
    I have a feeling that the IO might look at the applications received on Aug 17, 2007, only at last. Its because, when I went for infopass, the IO said that, "You have filed on the last date, so you will have to wait".
    Anyhow, I have tried all that I could, and now I leave it to the Almighty.



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  • gcgreen
    08-07 02:01 PM
    but why do you think this is an example of the system being gamed?

    The IT consulting firm or whatever is willing to hire an experienced employee with more than X years experience for a job requiring more than 5 years experience. As long as this employer does everything by the book, and the prospective employee does everything by the book, what is wrong with this? Note that the prospective employee has still waited for about 5-6 years to get his GC, its not as if they are getting it within a year of applying.

    [Note that if the IT firm is taking any money from the prospective employee whatsoever for the labor application, then that is against the labor regulations (at least I think this was part of the new regulations that got rid of labor sub)]

    So where is the gaming? Also, assuming that you are saying the employer is taking money and creating artificial jobs then is this thing not a DoL and labor app problem as opposed to a lawsuit problem? I am confused. Please explain.

    First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:

    We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
    So some people (and I know around 10 of them) what they are doing is the following:
    They got the chance to file their 485 last July , which is pending. They are contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...

    This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair





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  • whitecollarslave
    03-27 04:23 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.

    Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.

    There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.

    You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.

    The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)

    I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.

    What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?



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  • PD_Dec2002
    06-29 08:11 PM
    If you were current for June and if the USCIS received your application in June, then you are 100% fine. USCIS stamps the "received date" on the package. So when they open it for processing (1,2,3 weeks later), they will see that your PD was current when they received it.

    Of course, if your PD is not current when they open it, then of course, your 485 won't be approved. But you will get your EAD and AP.

    Thanks,
    Jayant

    P.S.: Note that there is some disagreement about whether the USCIS looks at the date they received the package or the date your package is post-marked.





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  • vsoni
    05-04 02:13 PM
    talke = take



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  • sheela
    09-11 09:27 PM
    I will call as many





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  • bigboy007
    10-03 06:44 PM
    I made a service req on sept 6 and they opened it on Sept 30 and assigned it to an officer. They enquired took detailsof my fedex , etc. and now they sent a letter. Just summary "wait wait wait still we need to key in " huh i think many of us will have same fate even after doing all this but i am not giving it up lets do something rather than nothing.



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  • nilcritz
    05-23 03:33 PM
    Hi,

    I do not have medical records to prove that I have taken some of the vaccination that is mandatory for the medical test. However, I do have taken those and my Doctor back in India has those records. Is there a way people know that these records in "any format" / a "specific format" can be faxed or fedexed here and can be used?

    Any help will be highly apprciated.

    - N





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  • GCKaMaara
    11-18 11:16 AM
    This is a very good news. Kudos GC4Me, PD_Recapturing, ItIsNotFunny, NK2006, AkhilMahajan.... everyone.

    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hera more about the phone call.
    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (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 adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)





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  • bitzbytz
    03-29 06:10 PM
    Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha
    :D:D:D:D:D:D:D:D:D:D:D:D:D:D:D

    I hope you got my sarcasm





    syedn
    08-16 03:01 PM
    I am trying to find out if filing a DHS-7001 has actually resulted in resolution of the approval for anybody. i see a lot of folks requesting an ombudsman to intervene but wasn't sure if anybody got a positive response back -- like the case is now resolved or something.





    gcForV
    07-10 09:21 PM
    Great!!!
    Good coverage:
    http://news.google.com/news?um=1&tab=wn&hl=en&q=flowers%20uscis
    http://www.google.com/search?tab=nw&hl=en&q=flowers%20uscis



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