Saturday, June 25, 2011

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  • ind_game
    05-20 04:30 PM
    Did any of you get the same letter with the same content below .........what baffles me is the last sentence that says "The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover."

    Your help is really appreciated in this.........Sorry I am little bit pessimistic here......


    FINAL UPDATE

    HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY


    My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.

    ::::::::::::::::::To recap::::::::::::::

    I went to the Congressional office on 05/14/2009 morning.
    Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
    USCIS sent letter to my attorney on Friday (05/15/2009).
    My attorney received it this morning (05/19/2009).

    Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......

    Here is the wording:

    Quote""""""""""""""""""""""""

    Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.

    The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.

    The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.

    After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.

    The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.

    Sincerely

    """""""""""""""""""""""""""""""""""""Unquote




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  • realizeit
    07-11 10:51 AM
    These two could be the real reasons why they changed the dates to 2006-June-01.

    1. USCIS want to utilize all available EB2 and EB1-Balance GC numbers before 2008-0ct-01. So, they moved the EB2 dates in such a way that there is enough room for obtaining approvable and valid EB2 applications.

    2. They could just move the dates to somewhere at the end of 2005 instead of 2006-June to achieve the same result. But, they did this specifically to include some relief to EB2 CHINA folks as well. EB2 China backlog starts from the beginning of 2006.

    3. This reason is from my imagination: USCIS is a govt organization..You know. I heard stories that corruption is there everywhere in a GOVT system. Some influential applicant needs to get the benefit and they moved the dates to June-2006. :)) HEY THIS IS NOT TRUE :)

    Oh by the way, this won't last long. The month September could see an "UNAVAILABLE" EB2 or "2004-APRIL" EB2.


    My heart jumps with joy, but my brain still caution the heart to wait for the official visa bulletin at DOS/USCIS website. USCIS has a trend of "correcting" the visa bulletin. Nevertheless, if the dates are really what they are published at Mumbai site, its a time for us to be happy.

    EB2 looks promising, but in this moment of joy lets not forget our friends in EB3 category. Anyone whose priority date is current, please don't just move forward with your joy, and continue to support IV and our initiatives to help legal immigrants. We have suffered so much because the folks who came prior to us never bothered to support legal immigration, once they got their their GC. Please remember that after GC/Citizenship, your status in this nation depends on how active you are socially/politically.




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  • CADude
    07-26 04:47 PM
    Read Section 6 of SOP [first para]. Please don't guess. As explained by many it's combination of RD and PD.

    I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".

    Any suggestions??




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  • eb3retro
    09-01 04:56 PM
    Landed July 1997.
    Couple of contracting jobs with a desi bodyshopper(read it as a blood sucker). Believed him for almost 4 years of false promises that they will do GC processing. Finally quit the company and joined a major HMO company. Started the GC paper work in early Jan 2002. Due to the attorney screw ups, and wrong documentation, filed the labor in EB3 (did not even know that upto almost 2 years after filing, was thinking it was filed in EB2) in Jan 2003. Yes, it took 1 year for attorney's screw ups to be rectified. In that company, we were not allowed to talk directly to the lawyer and had to go thru the employer. So to get a simple answer would take 10-15 days. Wish IV was there then. Waited in Labor Processing for 4+years. 140 approved in early 2007. Filed 485 in july fiasco and got EAD, from then changed 2 jobs (got that freedom atleast). Per my own estimate, I should be receiving my GC sometimes in 2015. Current employer will not do GC processing , so no chance of filing for Eb2. I dont want to change employers even if it costs my GC, because, I am enjoying the work that I am doing. And in my opinion thats important because, I would rather be in a job that I enjoy more without GC than being in a job that I do not like with GC. So, 13 years and still going. Completed PMP, MBA meanwhile. Thats my story.



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  • MeraNaamJoker
    09-27 09:49 AM
    Arrived in early 1999
    started processing GC in 2000
    filed 1st application in 2000
    left the company, filed second application in 2001
    bad immigration management by the company, got the labor approved only in October 2006
    got I 140 in February 2007
    applied for I485 in June 2007
    got EAD on September 2007
    got GC approval email on August 5th, 2010
    FINALLY GOT GC ON AUGUST 16th, 2010




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  • gchope07
    07-18 03:36 PM
    Immm,
    Please update us on this thread when you receive the physical notice and let us know if the receipt date was Jun15th or something else. That will give us some vital information abt what the defintion of receipt date is.

    Thanks...

    My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).

    The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
    "On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."

    Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!

    .



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  • vinabath
    07-20 03:43 PM
    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.

    Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.




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  • nitinboston
    06-11 05:40 PM
    I am very junior member on IV forums and have listened to all the experts and senior members on IV from time to time. Very solid ideas and very intelligent people! Although, I am not too familiar with the intricacies of what DOS said or what USCIS said; what I know is that there are many thousands of us who are here in a limbo for many many years. I think we have been "super- nice" to USCIS and Congress in the way we have approached them for our problems and rightly so - thats just us!

    We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!

    I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.

    We can do all we want, but why should any one in congress bother about us. Its same like India, if you cant vote, you have no influence over the legislature. Congress is responsible for the welfare of US citizens, guest workers are not their concern. Blunt but true.



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  • p_kumar
    08-12 01:09 AM
    MESSAGE BOARD Message Board Home
    I am seeing this kind of messages on different messageboards. are they pulling our legs or is it really true that people who applied in june 2007 are getting approvals?.:eek:

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

    Happy
    05.45 485 approved! (6 replies)
    Posted: 8/11/2007 4:57:36 PM

    I got my 485 approved yesterday. I applied for my 485 this June 13th I got my approval yesterday I am very happy about it. I hope everyone who applied will get their approval soon. Basically I am in marketing I want to get trained in java to get into IT field. Please let me know you�re thought is this a good move.




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  • nk2006
    10-21 03:30 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.



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  • gemini23
    09-27 11:48 AM
    Hi inspectorfox,

    you dont need to give any test for renewing DL in NJ untill 3 years after the expirydate of the DL. Only after 3 years of expiry, you will need to give a written test.

    I got this info from the NJ DMV office a few weeks ago.



    NY WILL ISSUE DRIVER�S LICENSES REGARDLESS OF IMMIGRATION STATUS...

    http://www.nytimes.com/2007/09/22/nyregion/22licenses.html

    Legal immigrants carry on suffering... My NJ Drivers License expires tomorrow and my H1B extension just got approved yesterday. NJ DMV won't renew my license without the original approval notice and I may have to take the written test again once the license expires.,




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  • ski_dude12
    09-27 10:25 AM
    One of my co-workers had similar situation. He had PD in 2001 on EB3.

    He talked to his employer to port to EB2. Porting process/approval took about a year but after that it took only 2 months to get approval.



    You should be able to switch from EB3 to EB2.

    Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.



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  • buehler
    07-20 08:17 AM
    Actually it was lost by only 2 votes. Only 95 Senators voted and hence 57 votes would have been enough to carry it through. Really Sad. :(




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  • swo
    07-20 01:22 PM
    It makes me laugh. Everyone screams and jumps up and down that they can't be part of a 750,000 person flood to USCIS.

    And then they get that right.

    And then they get all mad that they have to wait for their EADs.

    I don't see how USCIS could ever make anyone happy!



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  • eb3_nepa
    07-14 01:10 PM
    Done!

    Thanks Johnnybhai.




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  • newbie2020
    05-02 11:00 AM
    Do we also need to contact the Senate Judiciary committee for any of these bills yet


    http://judiciary.senate.gov/subcommittees/110/immigration110.cfm



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  • ychousa
    07-18 05:32 PM
    There seems to be 2 different opions about the process after CIS has received hundreds of thousands of applications until Aug 17th.

    1. Once received, CIS cannot sort out the applications according to PD, so only RD is important.

    2. PD is still an important factor, so if CIS is stuck with tons of applications on their hand, they will prioritize them by PD, which means if you have PD Dec 2004 and RD Jul 25 2007, you will be approved earlier than someone with PD Mar 2005 and RD Jul 2 2007.

    Greg Siskind, an immigration lawyer known to most folks here for his blog, says in his new FAQs that CIS should work on by PD.

    I think that's a fair thing, but I'm wondering how they would be able to sort out the flood of applications. Any idea?




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  • unseenguy
    02-13 10:35 PM
    The conversation transcript in order:

    What are you waiting for
    Originally Posted by snathan
    Quote:
    I am still waiting to see your contribution. Do you need any help to write the check.
    Originally Posted by unseenguy
    Quote:
    I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
    Originally Posted by snathan
    Quote:
    It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.

    Are you just another junk in IV...?
    Originally Posted by unseenguy
    Quote:
    You are being mean to me and untrustworthy. I have no time for kids.
    Originally Posted by snathan
    Quote:
    i dont need to be trustworthy for ur million $$$...you are just another junk for IV
    Originally Posted by unseenguy
    Quote:
    A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
    Originally Posted by snathan
    Quote:
    I dont have time for stingy junks...get lost in to
    Vacuum




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  • GOTGC
    07-24 01:35 PM
    From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)


    They have preassigned Visa numbers to cases that were pending in USCIS(NOT the ones filed in JUNE)...even though the PD was not current according to June Visa Bulletein... Eg: COnsider your approval and mine..We filed for 485 in 2004.. These cases are preadjudicated and just waiting for Visa number to become avilable..Once the july bulletein came into effect(or according to rumor even before) they assigned visa numbers to all pre approved cases that were pending...AGAIN USCIS DID NOT ASSIGN VISA NUMBERS TO CASES FILED IN JUNE




    suriajay12
    03-07 07:24 AM
    http://www.shusterman.com/

    news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)

    Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?

    only Monday will tell... This is one nerve wracking weekend.

    immigration-law.com also says the same thngs:

    "03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin

    * The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "




    vina92
    12-16 09:44 PM
    I agree with you. In order to achieve something, you have to give up something. Either it's the money, labor,time and effort. I sense that apart from very few , rest would like the fruits of labor without any type of contribution and effort. It would take herculean effort to change everyone's attitude. I hope Gandhiji will lend us an invisible hand in our struggle.



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