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  • Jimi_Hendrix
    11-06 08:44 AM
    Good to hear from you. Yes, I think we need to touch base with as many members in So Cal as possible. I would like to meet you all and plan out some of the things we can do here locally.

    Regards,

    Jimi




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  • Green.Tech
    06-16 02:30 PM
    No contributions today?

    Wake up folks!




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  • looivy
    07-20 03:53 PM
    What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?

    How about outsourcing it?


    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)




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  • pappu
    12-20 01:17 PM
    Thank you Yabadaba. IV was able to help publish your op-ed.

    http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521

    Others, if you would like to use the might of your pen, pls write articles and op-eds and Iv would try to get them published.



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  • ind_game
    05-15 11:06 PM
    Well, there you go. I am sure your congress liason will give you some good news next week.

    thanks a lot for your wishes.....




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  • Green.Tech
    06-11 10:46 AM
    Let's see who the first HERO will be to break the pattern of 2 days of zero contributions...



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  • addsf345
    11-20 03:38 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."

    Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o




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  • h1techSlave
    10-01 01:42 PM
    IV is looking in the right direction in the long term.

    IV, sure is looking at a long term solution. I did not criticize that strategy. IV should continue to work for a permanent fix.

    Currently for IV, this long term fix is the #1 priority. I was suggesting that IV should make the long term fix a #2 priority. And make #1 priority as improving efficiency at USCIS.



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  • test101
    07-06 05:26 PM
    http://www.immigration-law.com/ under breaking news.
    also they just updated the following

    07/06/2007: Temporary Restrain Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action

    On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.

    seriously i'm about to loose my marbels from today confusing news.




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  • ssss
    08-06 04:05 PM
    I also have a problem getting my employer's signature



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  • billu
    08-24 10:21 PM
    i had put up the previous two posts on this page asking about relief for Schedule A professionals in 2008......time has passed by but nothing has changed.....no sight of any relief or any schedule A bill........missed the july 2007 fiasco due to employer insisting on 40 day cool off period........have been in US for 6 years......no sign of EB3 india being even close to Oct 2007 (my PD)........employer has refused to file EB2 point blank.......no other employer ready for EB2........spouse on h4 visa since oct. 2006......have lost all hope and just going through the motions......is there light at the end of tunnel???




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  • Edison99
    04-30 10:04 PM
    Thanks Leo07 for the great link!
    It's good beginning though.......



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  • mirage
    08-16 08:40 AM
    guys, Please send out these letters....
    ------------------------------------------

    To, 08/15/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn’t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there’s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072




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  • amitjoey
    07-18 03:48 PM
    Hi everyone!

    I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.

    USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.

    Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.

    I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.

    Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!

    My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.



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  • desibechara
    01-03 01:18 PM
    I also got email confirmation today for AP document mailed on Jan3.

    I filed on Aug 7 or 8th.

    db




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  • diptam
    12-10 01:39 PM
    I've sent 7001 to Ombudsman , Contacted Congressional offices and ultimately filed a Service request in Nov 1st week. After all this NSC opened my case yesterday Dec 9th and the status changed to "RFE sent" - there you go ! They bought at least 2 months extra time.

    What a bunch of jokers at NSC - my case was extremely straight forward :(

    Diptam,
    Thanks for the updates.
    My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?



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  • nandakumar
    05-27 07:37 PM
    Friendly Bump....




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  • pidurika
    07-19 06:07 PM
    Contributed one time $100. Will not hesitate to do so in the future. Nice job IV!!!

    Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference

    Anil




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  • let007live4ever
    02-07 09:15 AM
    AP isn't appoved yet. I have to wait for the approval in order to use that upon reentry.

    And yes someone can surely mail me the document. In that case I just have to hope the AP dosen't have any misprints or something.




    bestia
    03-17 10:21 PM
    Not if you file a joint return

    Just a question. Why would you file jointly if your wife doesn't work (i.e. doesn't have SSN)?




    conundrum
    04-30 11:06 AM
    does the new 180 days rule apply to these numbers if they are not counting the ones stuck in name check?



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