lonedesi
08-05 11:20 AM
lonedesi,
I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.
Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.
Thanks!
Please feel free to change or modify the letter to suit your situation. Do whatever you need to do, but make sure you mail out the letter & the form soon. Also, encourage others in similar situation to take the time to mail the letters & form soon.
I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.
Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.
Thanks!
Please feel free to change or modify the letter to suit your situation. Do whatever you need to do, but make sure you mail out the letter & the form soon. Also, encourage others in similar situation to take the time to mail the letters & form soon.
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Raju
08-05 09:47 AM
In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/showthread.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
n2b
09-10 11:53 AM
They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..
My wife and I, we both have MS from US unversities....I think that's straight forward!!! But still waiting....:(
My wife and I, we both have MS from US unversities....I think that's straight forward!!! But still waiting....:(
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add78
06-18 02:54 PM
please persuade your friends to join IV and donate.
each donation counts towards the goal and inspires others.
bump....
each donation counts towards the goal and inspires others.
bump....
more...
coolpal
09-10 11:04 AM
thanks IV to all ur efforts...
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
desi485
11-17 04:07 PM
desi - I am not sure how we do that but I personally think if we ask such a thing we are letting USCIS send us denial notice even though they must not send it.
I absolutely agree with you that in first place, CIS MUST NOT revoke 485 when a person changes to similar job after 485 is pending for more than 180 days and 140 has been already approved.
IV is already running the campaign to send letters (I did send mine) and hopefully it will get us good results.
However, we should still know what happens to EAD in such unfortunate event. Many AOS candidate, specifically from retrogressed countries may have gone beyond 6 years of H1B and may not get H1B extended based on this pending 485. or many must be working on EAD as many employers are not willing to sponsor the H1B. In this case, knowing the validity of EAD will surely helps.
Meanwhile, here is another RG thread (http://immigration-information.com/forums/showpost.php?p=25447&postcount=7) found, clearly talks about this issue.
I absolutely agree with you that in first place, CIS MUST NOT revoke 485 when a person changes to similar job after 485 is pending for more than 180 days and 140 has been already approved.
IV is already running the campaign to send letters (I did send mine) and hopefully it will get us good results.
However, we should still know what happens to EAD in such unfortunate event. Many AOS candidate, specifically from retrogressed countries may have gone beyond 6 years of H1B and may not get H1B extended based on this pending 485. or many must be working on EAD as many employers are not willing to sponsor the H1B. In this case, knowing the validity of EAD will surely helps.
Meanwhile, here is another RG thread (http://immigration-information.com/forums/showpost.php?p=25447&postcount=7) found, clearly talks about this issue.
more...
zinchak
09-11 09:01 PM
Just saw the post and make a small contribution of $100 (Google Order #749561768968518)
Thanks for doing this guys. Sorry I won't be able to make it to DC.
Thanks for doing this guys. Sorry I won't be able to make it to DC.
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gene77
03-20 12:43 PM
Folks,
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
more...
rahulpaper
04-30 11:13 AM
Shouldnt this I485 number include all of following:
Employment based or
Family based or
Anyone in FBI Net (name check) or
Anyone in RFE loops etc
Those numbers can be misleading. USCIS does not count petitions pending under FBI Name Check as backlogged.
Employment based or
Family based or
Anyone in FBI Net (name check) or
Anyone in RFE loops etc
Those numbers can be misleading. USCIS does not count petitions pending under FBI Name Check as backlogged.
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wandmaker
05-23 12:52 PM
^
more...
Green.Tech
06-20 05:19 PM
...and contribute
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susie
07-08 11:18 PM
We are 6th year H1B, but we only have a PD date of 27th July 2006.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
Thank you,
I would appreciate you sharing your story in the aging out section, we may even be able to file some sort of class action if we get enough cases
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
Thank you,
I would appreciate you sharing your story in the aging out section, we may even be able to file some sort of class action if we get enough cases
more...
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arnab221
06-20 10:45 AM
Delays at DOL PERM Processing Center in Atlanta to End Soon!
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
SKY,
I am in the same scenario as you since my firm is headquarted in NY . Can you check with your attorney about the processiing times they are seeing for labors filed with the Atlanta processing center . My law firm says that the processing times are more or less the same for Atlanta and Chicago .
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
SKY,
I am in the same scenario as you since my firm is headquarted in NY . Can you check with your attorney about the processiing times they are seeing for labors filed with the Atlanta processing center . My law firm says that the processing times are more or less the same for Atlanta and Chicago .
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my2cents
04-30 04:51 PM
look here at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
more...
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samrat_bhargava_vihari
02-13 04:20 PM
It is an Emotional Achievement to me and free from lot of worries with boosted Energy.
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indio0617
03-09 09:52 AM
Here is the link to the full markup. SJC is going in the order of the titles. Our sections are predominantly from Title 5 but some are in 4 too.
http://immigrationvoice.org/forum/attachment.php?attachmentid=23&d=1140888843
Still talk about illegal aliens... Hope we (legal) dont get drowned amid these arguments
http://immigrationvoice.org/forum/attachment.php?attachmentid=23&d=1140888843
Still talk about illegal aliens... Hope we (legal) dont get drowned amid these arguments
more...
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insbaby
07-24 08:13 AM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
I applied for PERM in Sep 2006 - EB3 - India.
I applied for I-140 and I-485 concurrently in Jun 2007.
If your PD is Sep 2006, how could you file I-485 in Jun 2007? Your dates are current only in July 2007.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
I applied for PERM in Sep 2006 - EB3 - India.
I applied for I-140 and I-485 concurrently in Jun 2007.
If your PD is Sep 2006, how could you file I-485 in Jun 2007? Your dates are current only in July 2007.
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chanduv23
09-15 06:57 PM
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U DA MAN - THANKS - PLEASE MAKE IT TO THE RALLY AND GET OTHERS ALSO
U DA MAN - THANKS - PLEASE MAKE IT TO THE RALLY AND GET OTHERS ALSO
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rennieallen
10-01 09:16 PM
After the july fiasco, USCIS need not have to worry about recieving huge applications if they move the dates forward. Since almost all the folks (except for folks stuck at BEC) would have turned in the applications uscis should be able to move the dates forward for FY08 to a big extent , so that visa numbers are not wasted.
but again it all depends on how they view this.These are cry from our end..
Yup, because of July '07 there will be no wasted visas for several years...
I am wondering whether USCIS made that mistake on purpose, after the immigration reform thing failed in congress?
but again it all depends on how they view this.These are cry from our end..
Yup, because of July '07 there will be no wasted visas for several years...
I am wondering whether USCIS made that mistake on purpose, after the immigration reform thing failed in congress?
hydboy77
08-12 02:09 PM
aiming london shooting tokyo, thats exactly what this bill is doing. The vast majority of nonsense is created by small "con"sulting companies, i.e shell companies with less than 50 employees. Infact Schummer if he wanted a solution for h1b missue should have gone after these small "con"sulting companies rather than real multi national companies like infosys,tcs, wipro etc. I am not a fan of this bill but if you going to put restrictions on h1b do it the right way. it is these small "con"sulting companies with less than 50 employees that did illegal things like selling approved labor until using approved labor was abolished, it is these small "con"sulting companies which work on 80 20 model which are bringing disrepute to h1b and people working on h1b. by putting this rediculous rule which says only comapnies having more than 50 employess will be targetted by this law schummer inadvertently is encouraging the setup of more "con"sulting companies. The vast majority of green cards issued in the last 5 years (may be as hight as 80% of green cards) have been issued to the "con"sultants" working in these "con"sulting companies. People working in fortune 500 companies abide by all rules like it is the job responsibily which determines eb1, eb2 or eb3 and not your educational qualifications and therefore i have seen phd recepients applying in eb3 whereas the "con"sultants working in these "con"sulting companies who have sometimes b.sc bcom or btech degrees applying in eb2 by faking experience to show 5 years requirement, they work in SAP but they advertise the position as someone needing java or any programming experience. this is outright lying, how can people working in fortune 500 and legitemate companies complete with these "con"sultants and these "con"sulting companies with less than 50 employees for green cards.
For green card reform the biggest culprit is per country limit\quota, the above issue is small compared to the country quota but it still needs to be solved.
before somebody says illogical things like crab dragging another crab down etc etc, let me tell you something all i am saying is everybody should play by the rules, "con"sulting companies especially with less than 50 employees and the "con"sultants who work there are the ones which have brought disrepute to the h1b profession by indulging in labor selling and buying, applying for eb1, eb2 irrespective of job requirements and flouting the rules, for the most part big It majors infy, wipro etc did not indulge in these illegal activities.
For green card reform the biggest culprit is per country limit\quota, the above issue is small compared to the country quota but it still needs to be solved.
before somebody says illogical things like crab dragging another crab down etc etc, let me tell you something all i am saying is everybody should play by the rules, "con"sulting companies especially with less than 50 employees and the "con"sultants who work there are the ones which have brought disrepute to the h1b profession by indulging in labor selling and buying, applying for eb1, eb2 irrespective of job requirements and flouting the rules, for the most part big It majors infy, wipro etc did not indulge in these illegal activities.
somegchuh
01-03 04:16 PM
It really depends on who you ask. But my point is if you decide to stay in US in the long run, aren't immigrant divided between their kids and their parents?
I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
qualified_trash,
In your case I think the decision is very clear cut. Also, it works really well for you, in the sense that you are not "divided". If your parent and siblings have already left the country you have no reason to go back ever.
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
qualified_trash,
In your case I think the decision is very clear cut. Also, it works really well for you, in the sense that you are not "divided". If your parent and siblings have already left the country you have no reason to go back ever.
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
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