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  • vsrinir
    09-16 10:39 AM
    I called again for the second time.


    I will call again!!!!!!!!





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  • SunnySurya
    08-07 06:17 AM
    Notes:
    If you already have applied in EB2 you won't be affected.
    If you have a Masters you won't be affected.
    SunnySurya, Flood,

    I see that you guys didnt join IV until 2008. So, you know very less about this org. The people who only can think for their own wont come to join you at any stage, it was proven many times. They will just keep writing messages here and use valuable information on the forum.

    I am EB2/Masters/PD Nov 2004. I do not not support your idea. I loose patience at times, but not to the extent of effecting other peoples chances. I know quite a few of my freinds who had masters, their corporate employers applied in EB3, none of them are trying to do conversion. But, i feel their pain.





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  • MCQ
    11-12 12:18 PM
    For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
    gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
    I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
    I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
    How wrong we were.
    I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.

    The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.

    That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
    They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
    As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.

    Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
    We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.

    The things for anyone to take away from my experience are.
    1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001

    2. Document everything - to prove that you acted in Good Faith throughout the process.
    Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)

    3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.

    4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.

    Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.

    GOOD LUCK





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  • spdy_mn
    06-29 05:44 PM
    Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?


    Probably they wanted to raise $4.4 billions for border security through us. Since there is no need for that money now that CIR failed they are going back to status quo.



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  • stemcell
    04-01 12:10 PM
    Like everyone else i periodically come to IV and get to know the trends of whats happening. Thanks to everyone like qsek,teddy,vdlrao and many more who are contributing and trying to get some clarity into the backlog mess.

    Having made a one time contribution was enough to get access to donor forum or so i thought. I really did not know that you need to have a recurring payment to get access to the donor forum.Most paid content websites may have that model but somehow I am uncomfortable with that idea here, and i am sure there are others who may feel the same.
    Come up with a one time payment for one years access. It could be 300.00 USD to start with which is the same as 25.00 USD for 12 months which is the minimum you guys have set up. Many more will be comfortable with that.

    Its just like rubbing me on the right side and you get my money ;), a trick which my wife exploits to the fullest :rolleyes:





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  • sri1309
    09-12 07:41 PM
    All,

    I will once again be writing and sending posters to all the reps. This is one of our chances where we can get closest. If we miss this then there will be lots of uncertainity. Imagine we already missed it. See how desperate all can get.

    We have some time, Lets all spend considerable time this weekend, get bigger charts, use lots of good eye catching color, make our voices heard. Spend considderable time this weekend on this, please. Together we all can make a difference. Please do your best and spread this across your friends also who are waiting or have got their greencards. This one thing sucked up so much energy from so many here. Please support EB2 and EB3. How does one get these greens. I never got any.. :(.


    Sri.



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  • inderman
    10-16 02:24 PM
    I agree with you pappu... That's the point i was trying to make as well.

    If this information exists in their system, and if all IO's make it transparent to the caller in the first call itself, i am sure the call volume will drop to atleast one tenth of what it is currently... and subsequently, the congressman requests, ombudsman requests will also reduce which inturn WOULD MEAN THAT THEY GET TO FOCUS MORE ON THE CASES AND IMPROVE THEIR PRODUCTIVITY AS WELL AS COMPETENCE!!!





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  • tempy
    09-15 08:01 AM
    I was wondering why the status went backwards (from CPO to Decision) and if that that is a normal process.

    Thanks,

    I got one more email with the update (this is third email with the same staus "CPO"). This time I have SLUD on EAD and AP also. Here is the email...

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Card/ Document Production

    On September 14, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

    My wife received here Welcome letter but I did not get one yet. Here is my timeline...


    09/08/2010 - CPO emails for self and wife
    09/09/2010 - Got emails updating the status to Decision for self and wife
    09/10/2010 - Standard CPO email to self
    09/11/2010 - Wife got the welcome letter (I-797) by USPS
    09/15/2010 - CPO email to self with the new message (Document sent to address on file)

    Still waiting for cards in hand.

    Thanks,
    Tempy



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  • neelu
    10-12 12:07 AM
    Thank you, Kewlchap.


    @ Neelu:

    a. Contact your senator and your congressman/woman. I contacted both. Senator's office had a very nice system of faxing in your request, just for USCIS issues, so I did that, and got a letter in three days stating that Senator has contacted USCIS for me. Later, I got another letter which included USCIS response. If there is a number for your Senator's office, I suggest pick up the phone and get talking to them.

    b. I will get started immediately instead of waiting. You do not know if your IO is working on other EB-2 India applications. He could be working on a chunk of EB-4 applications and not even picking up your application from the holding area, where it can lie for many days.

    c. I feel that you should submit 7001 unless you believe you know where your application is. Meaning, if multiple IOs / infopass tell you the same info, then it is probably true and you can wait. If you get nebulous answers like "wait 60 days", then submit 7001. I dont think there is any reason / advantage of an attorney submitting it. I filled it out and FedEx'ed it overnight to Washington DC.

    Someone else asked me for the POJ method for TSC. I just followed the POJ instructions listed on this forum.

    Hope this helps, and good luck!





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  • Winner
    06-10 05:23 PM
    If the post is true and from real world person, then the OP and his sponsor are in violation of the Law. The L1B are not supposed to be based/hosted in client location unless specifically stated in the approved petition. Defiantly not supposed to do in case of blanket L1B.

    -or-

    This could be a fake post from the loser's guild -or- lou doggs fan. I personally believe this is a fake post.

    I requested l1Bfraud to join his/her state chapter, so that we know that he is an immigrant and doing this in good intention, but looks like he/she disappeared.



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  • sundarpn
    01-28 10:15 AM
    Finally received my passport this morning. Consulate sent it to VFS on Friday and I received it today through Blue Dart.

    Int Date: Dec 17, 2007 @ Chennai Consulate
    PP Rec. Date: Jan 28, 2008

    what was the approval date on ur h1b and what uscis center approved it? thanks





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  • spatial
    08-20 01:17 PM
    That is not true...If you look at the Visa Bullettin, it says

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".


    Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
    EB3 gets EB1 only if it is not used by EB1.

    I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.

    Thanks,
    G


    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.




    "



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  • NKR
    08-07 01:18 PM
    Yes, I agree that not filing GC earlier is not an excuse for MBA. The point is he still would have been in the same situation (EB3, 2003 is not too different from EB2, 2005) in terms of how fast he will get his GC.


    The law would allow him to port his EB3 PD just like how it is doing now. he will not be in the same situation, isn't this better now?





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  • 485Mbe4001
    09-13 01:09 PM
    Please dont use google it is a waste of time - FBI uses its own databases and looks for 'hits' in terms of derogatory information.

    Instead lobby for the following:-

    1) USCIS should have the authority to ask FBI as to why the namecheck is taking so long and provision to expediate name check if it is has been pending for more than 'x' number of years (probably 2 or 3 i guess).

    2) FBI should provide a reason for the delay. Most of the time (80%) the delay is simply because they dont have the time to open your file.

    3) Procedure to Pay $500-$1000 to expediate NC (1 week) with a yes or No result. this will all allow FBI to obtain resources to process NCs faster

    NC is the next bottle neck that we have to lobby for.



    If I search my "Firstname Middlename" there are 10000 hits in google :-). And I know for sure there are few murderers , politicians and movie stars(most of them are arrested atleast once for crime or the other :-)) who have the same first name and middle name as mine back in India.Last name is what makes the full name unique.

    My Namecheck was initiated Aug 4th as per TSC IO and is still pending.Looks like I am going to be waiting for a long time.



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  • SunnySurya
    08-07 02:05 PM
    Yes, it matters, all those guys whom I speak about has RD of July 2nd 07
    Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because

    1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD,
    2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.

    so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.

    stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D





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  • eb2_immigrant
    08-24 02:46 PM
    FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.

    What you heard is probably true, I was a customer long time back and wanted to disconnect, on top of stern response and attitude, they charged me for the whole month instead of prorating it .
    I like the new plan , may be I might buy it but if vonage has done this there will tons of other companies who will slash the prices or atleast match vonage.
    The world wide calling if great if you are calling your home country everyday or the phone card companies are costing you more than $25/month(air tel and others). Besides $25/per month these days is ridiculous(before the free worldwide calling plan). You can get a GOOD VOIP service for $10 or even under that these days. Just good "voip service providers"
    Bottom line- Great plan by not so great cust serv company



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  • singhsa3
    08-20 10:55 PM
    Thats exactly what it is... Now folks take a look here. These were the dates before July 2007.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
    It will be resonable to assume that these will be the dates in OCT bulletien for Eb3-I.
    Finally, 5882 is our only hope for now.

    With the earlier method or the current method, EB3-I will always end up last. Vertically EB3-ROW gets the excess visas (old method), horizontally EB2-I gets the excess visas (new method). So, either way EB3-I won't benefit, the only solace being that with the current system atleast our EB2-I friends are getting their freedom faster.

    For us, visa recapture or other legislative changes are the only relief.

    BTW, my PD is June 2003, EB3-I





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  • boldm28
    09-20 04:41 PM
    Called them, the lady said there is a huge backlog. my entry does not show in database also..bummer

    can you just also tell us when your application was sent

    that would be really heplful





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  • EB2DEC152005
    08-12 03:01 PM
    Did any body filled DHS-7001 form? I have some questions about steps 10,11,13,14,15,16,17. What options to choose? Please help me.





    mpadapa
    08-07 11:54 AM
    U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.

    U'r logic should be similar to the below scenario..

    A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.

    Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.

    sunnysurya and rollingflood,
    Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.





    gjoe
    08-07 10:12 AM
    I guess everybody should support Rolling and Sunny because this initative will create an opening for all other immigration issues.
    Everyone waiting for years to get their GC has a real reason to think why USCIS didn't do their job right.
    I would say if Sunny and Rolling stone really file a lawsuit, it is like they turning the spotlight on USCIS and from there the rest us can work to bring more light to the bigger issues with USCIS



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