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  • number30
    10-27 03:59 PM
    Hi I just talked to customer service representative, she said that It is either due to a security check or Department of Homeland security trying out different exercises before approving the case. So Please wait for some more time and give a check. when the applications went to security check, the similar kind of response you will get. If your case falls under a specific section we will put the section in that.
    If you need more information or you are worried please take an info pass otherwise please check back with us later.

    The only thing that came to my mind is regarding verification of degree certificates or experience letters mentioned on your Biographic Information form. Go to Local office and check.





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  • thomachan72
    11-04 04:24 PM
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    From the director of the blockbuster "Interminable EB-backlog" comes yet another creation "V-I-S-A B-U-L-L-T-I-N...DECEMBER 2009".
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  • gc_kaavaali
    06-05 10:52 AM
    I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.

    Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.





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  • zachs
    02-10 05:40 PM
    Send letter to WH & IV. I have forwarded the IV message to many of my friends.



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  • perm2gc
    05-22 04:14 PM
    Very sad to see this coming from the Core Member...Are we losing hope here, is that the game plan are we looking after putting tremondous effort for all these years?
    Reality is always hard to take :D





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  • whoever
    04-14 08:39 AM
    China eb3 may move but not india eb3. there are too many of them. i dont think there will be any cir or things like it passed this year. there is already however several bills writting to resolve but with eb3 world and rest doing just fine, why would the congress want to do something for india. i would be very surprised if they did



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  • nrk
    10-27 05:07 PM
    Is it a good idea to carry all my degree/masters certificates plus experience certificates along with that.

    The only thing that came to my mind is regarding verification of degree certificates or experience letters mentioned on your Biographic Information form. Go to Local office and check.





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  • h1b_forever
    05-18 12:08 PM
    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.



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  • sledge_hammer
    07-07 08:57 AM
    I wonder how someone can add amnesia on others? :confused:

    Guys, stop insulting each other. There is no need to add misery and amnesia on each other. I am sure we will all reach our destiny in the end. Just make the journey courteous and smooth.





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  • meridiani.planum
    06-06 03:09 AM
    My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.

    There is no change in the job responsibilities.

    Question:

    1. How soon should I file my AC21 request?
    2. What is the impact of this promotion on my H1B?
    3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?

    I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.

    Any ideas?

    since your duties are the same I would think there was no issue in accepting this promotion. Even teh DOL job codes page mentions that those two titles apply to similar jobs: http://online.onetcenter.org/link/summary/15-1051.00.
    you my want to undo the rejection, and go ahead and accept the promotion... confirm with your immigraiton attorney.
    Does your immigration attorney say that your H1 needs to be updated with a revised LCA?



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  • mariusp
    02-20 06:40 PM
    I read the document and here's what I think is the important part:

    In a subset of these
    case, the FBI name check request that been pending for more than 180 days.

    This means that only a part of those 47k applications are pending for more than 180 days. This doesn't say they will approve 47k in March.

    Why mid March? Well that's the time of the month when the VB will be published so I'm curious to see how the April VB will look like.





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  • maximus777
    07-07 01:43 PM
    Not a fan of AZ law, but I'm delighted that it has pushed immigration issue to the forefront, forced federal govt's hand and jolted it out of its inaction. Many a battles will be won/lost over immigration in Nov 2010 elections.



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  • saketkapur
    06-09 06:35 PM
    http://imminfo.com/Newsletter/2009-AILA/Likely_visa_bulletin_cutoff_date_movement.html




    Likely Visa Bulletin cutoff date movement


    Information provided at the 2009 AILA Annual Conference gives us some insight into likely Visa Bulletin cutoff date movement over the next year. Historically, the INS/CIS have treated filing backlog information as a matter of national security - refusing to release any information. Recently, however, cracks have started to appear in that wall.

    We know that the 2007 filing surge resulted in an enormous number of cases submitted to the CIS. The actual number of new I-485s filed is unknown, but estimates range from 350,000 to 500,000. We also know that the CIS, having the fear of God put into them by the State Department in 2007, finally increased their level of production and began adjudicating cases at a pace sufficient to use up each year's quota and not waste any allocated visa numbers through non-use.

    At this year's conference, the CIS representatives made several statements which, if true, give us hope for a return to sanity soon. They alleged that they have completed enough EB I-485 cases this year to exhaust the EB quota (140,000). They also alleged that they will soon have completed the "pre-adjudication" of another "110,000 to 120,000" cases to be used against the quota for the next fiscal year (Oct. 1, 2009 - Sept. 30, 2010). Finally, they represented that these adjudication would "pretty much exhaust" the inventory of pending EB I-485 cases at the TSC and NSC.

    If these statements are true, then the end of the current mess is in sight.
    If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer.

    Implicit in this recital of statistics by the CIS personnel is the likelihood that they denied a truly massive number of pending I-485 applications. Before anyone panics, those denials should have been sent out already and are not out there just waiting to ruin someone's day. Only by assuming a very large number of denials does the math make any sense. Without them, you cannot reconcile the large volume of filings with the volume of approvals.
    Once these pending cases are closed out, the known "demand" for EB visas will be much smaller and the Visa Office will be able to move priority dates up quickly; in some cases by years.

    Another factor to be taken into account is the number of people who have lost their jobs between August 17, 2007 and whenever the cutoff dates cross that chronological line again. In years past, if there were 100,000 applicants with priority dates between August, 2007 and today, we could expect to see at least 90,000 applications. Today, with the economy being what it is, I think the figure is probably closer to 50,000. These are all people who were not eligible for AC21 because they had not filed for adjustment of status. If true, this means that cutoff dates will advance more rapidly than normal after the "2007 deluge" cases are resolved.

    Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years.
    The State Department official at the AILA conference said that we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:

    EB2 Worldwide: Current
    EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
    EB3 Worldwide: June 1, 2005
    EB3 China: March 1, 2003
    EB3 India: November 1, 2001
    EB3 Mexico: March 1, 2003

    These estimates are just that - estimates. They are, however, estimates from the Department of State.

    Where numbers move after October 1st will depend entirely upon the demand presented by the CIS. If, in fact, they have pre-adjudicated as many as 120,000 EB AOS cases, then it is unlikely that we will see much additional forward movement until the fourth quarter of the fiscal year (July - Sept., 2010). As discussed previously, however, once we get over this large bump in the road next year, we can expect to see a rapid advance in cutoff date movement.



    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved





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  • shivapb80
    06-05 04:22 PM
    actually this memo, as far as my understanding goes, does not say it. there is no where the clause that filling AC21 documents means that it will become urgent for USCIS to make a decision on your i-140.

    it is more applicable to the i-485 i.e. if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.



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  • niidawg3
    01-26 09:32 AM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...





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  • anilsal
    10-12 12:56 AM
    My labor was filed on July 2004 and I have not received an approval yet.
    I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
    So Lawyer has started the advertisement process again.

    Every step in the GC process is traumatic. One step gives less trauma than the other. But there is no way anyone has got a GC without agony (unless you had an easy way out).



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  • 485Mbe4001
    06-10 01:16 PM
    BTW, can you call and ask if you case is preadjudicated. In our case my #@$@ lawyer refuses call USCIS or allow us to initiate an SR (one of the reasons why we had no idea that we were stuck in namecheck)

    ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.


    As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
    With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
    Anyone have any opinion?





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  • wellwishergc
    04-10 09:19 PM
    Agreed in principle!!! You guys have done the homework. I am just narrating my wishes:); and the wish-list keeps growing!:); man, cannot wait to just get done with this process.

    Good luck and nite!!!

    Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.

    People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.

    I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.

    I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.





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  • Administrator2
    06-26 12:02 PM
    Guys, Could we concentrate on the developing situation, please?

    Could you please call Senate offices expressing your opposition to Menendez amendment?
    http://immigrationvoice.org/forum/showthread.php?t=5663





    DSLStart
    08-09 07:36 PM
    Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.

    I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.

    The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.

    After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.

    Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.





    shana04
    02-13 10:12 AM
    Shana,

    Thanks for the AC21 letter format. What do u mean 6yrs - minus remaining time? So, lets say, I'm in the 5th yr of my H1B. So the remaining time is obviously 1 year. My 485 is pending. So, will I get an extension of 6-1 = 5 yrs of H1 extension???:o If so...that wud be gr8. Pls emphasise on what u mean by that calculation.

    I mean to say 6yr - used time (if you are in 5th year) then it is
    6 - 5 = 1 yr remaining. (if 485 applied and you still have 140 approved - you still get only 1 yr ext)



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