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  • nk2006
    11-14 04:31 PM
    I did send letters by USPS, but email to CIS Ombudsman is not yet sent. Can you provide link or redirect, how to do this? (template etc.) will do this ASAP. Also ask my co-workers to do this. Thanks! You are doing a great great Job for our community.

    Thanks you can send email/mail to Ombudsman at:
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================

    There is some discussion on this at another thread (http://immigrationvoice.org/forum/showthread.php?t=22052;). I will update the first post on this thread with Ombudsman contact info.





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  • drona
    07-10 12:04 AM
    The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!

    http://blogs.ilw.com/gregsiskind/





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  • snathan
    04-01 03:51 PM
    Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.

    Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?

    Perhaps he meant September 2006.

    This is not I-485 and its a CP case...





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  • 485Mbe4001
    09-26 04:39 PM
    http://en.wikibooks.org/wiki/FBI_name_check

    if you have a name there is a possibility that you might get stuck :) thats about it...



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  • saileshdude
    09-13 08:19 AM
    Ski_dude,

    I have seen some of your posts and looks like your the oldest waiting since the dates have been current. Are you considering filing WOM since you will be current for 4 months by Oct. What is lawyer saying? Although I have been just current for 12 days the wait seems forever so I understand how you must be feeling.

    What did your senator/congressman say?

    Where is your application TSC or NSC? If it is TSC, did you try to send email to streamline email address? I know you must have done everything. Also you can try to goto the local office and have them issue you a FP notice if they have expired. Maybe that will set things in motion since I know some IOs just want to issue another FP and not refresh the old one in their systems.





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  • rajsenthil
    09-24 01:09 PM
    This maths makes good sense. Thanks for your time for preparing this and posting it.

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.



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  • srgadi
    09-25 02:57 PM
    I have had couple of LUDs on my cases (9/10 and 9/13) and nothing after that. The last time I gave my fingerprints were in Jan 2009, so I am sure they have expired. Should I proactively get the biometrics done (by taking an infopass and requesting biometrics notice) or wait for them to send me the notice?

    Not sure if this will help if I open up an SR or take an infopass. Anyone got their 485 approved while their biometrics were expired?

    My lawyer received a letter from USCIS asking for verification of employment and whether the position is still available and being offered to me. Once they respond, hopefully the approval will come through.





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  • ashres11
    09-20 12:35 PM
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV

    I would appericiate, few more people can send an email.



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  • indianabacklog
    01-27 08:26 PM
    Just a couple of comments about Heathrow. The mainland of Britain was plagued with the IRA bombing it periodically for decades which forced them to be diligent about security long before the USA knew what terrorism was. Being security conscious has become a way of life on that little island in the North Sea. Just try finding a garbage can on a railway station platform? There are none so the IRA could not plant bombs in them.

    Now about the staff at Heathrow. Surely anyone with eyes that work can see most of them are not British at all but immigrants of some variety or another. A true Brit is a very friendly individual. The invasion of their island during the past fifty years has changed the face of the entire community, not all for the better that is for certain.

    And finally, transit visas etc. If they are needed and that is the rule and you cannot find a different route then it is something that has be lived with. The US had them and still has them for certain nationalities, the UK is certainly not on its own. I have been living in the US for almost a decade now and have been stung by their immigration rules as all of the contributors to this forum probably have but we chose to come here so have to put up with the system.

    We all have choices so if you do not want to get transit visas just choose a route that precludes the need for one. Ten pages bad mouthing the UK is not helping anyone it is just antagonizing those of us who originated there.

    Just because the majority of immigration voice are Indian it is certainly not all and I think that gets missed on so many occasions. We are in the midst of the US immigration system together, or so I thought.

    Every country has its own rules, some will be in our favor some will not but if we choose to go there we have to live by them. It is entirely NOT appropriate to expect countries we visit to bow to us on any level!!!!!!!





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  • whitecollarslave
    03-26 01:04 PM
    Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)

    I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.

    Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.

    Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?

    Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).

    You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.



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  • milindc
    01-31 11:49 PM
    Senate introduced the "Protecting America�s Competitive Edge (PACE)" Act on Jan 26th. One of the sections states that folks with advanced degree are exempt from the numerical limitations on employment-based immigrants.

    Is this true ? If yes, should the advance degree holders pursue this bill.

    http://www.asertti.org/news/documents/PACE_Summary.pdf





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  • n2b
    08-13 04:58 PM
    PD - 10/15/2005
    Center - NSC
    RD - 7/2/2007
    ND - 8/4/2007

    Opened SR on 8/3 and InfoPass appointment on 8/9 (useless)

    Received SR response on 8/11 saying the application is in review.

    Seems like SR works!!! Finally something that works!!!

    My only confusion now is my application status - "On August 13, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."

    I do not know what ADIT means? Did anyone get similar response? What are the next steps from here in your experience? Thank you for the help in advance.



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  • ramus
    06-29 05:02 PM
    http://www.uscis.gov/files/pressrelease/I140PPSTempSusp062706.pdf

    Don't USCIS clearly say that they expect more application to receive because of july visa bulltin?


    Now what suddenly happened that they decided to change dates..





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  • ganguteli
    05-09 02:01 PM
    Let us talk about the "skills" introduced by H1/L1/offshore companies

    a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
    b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
    c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
    d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
    e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
    f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies

    Should I add to this list of "skills" further?
    You want to talk about skills .. Huh?
    Lets start with Madoff ...... :D:D:D:D



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  • RanchCharm
    11-07 10:33 AM
    I just prepared all the letters and posted in regular mail.

    Hope it will reduce some trouble for our immigration community.

    Thanks IV and others.
    -Nachi





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  • Bpositive
    10-05 08:38 PM
    good job following up....



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  • rsharma
    06-13 11:31 PM
    H1B takes the job which he/she does, but L1s take at least 10+ jobs from US market to offshore.





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  • desi3933
    08-08 10:36 AM
    Here's a very good recent example

    http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyId=13&articleId=9111963&intsrc=hm_topic

    Point to be noted is that this case was not dismissed on merit, but that plaintiff's have not been able to prove significant damages resulting from the rule. A general 'dissatisfaction' with the rule ( for e.g. my wait times will increase if porting continues) doesnot translate into significant damages ( such as I'm losing the job). The merit of the case was never discussed!.

    It would be interesting to see how many of the 'Yes' are going to remain 'Yes' when it comes to having their names on a lawsuit filed against USCIS (the whole list will be going to USCIS). It will be interesting to see how many of you stridently remaining anonymous on a (relatively) harmless public forum such as IV are going to come out in public to fight the USCIS. Good luck guys.

    And happy nightmares whenver your cases get (not so) Soft LUDs. Is it because you joined the case? you never know.

    Good luck once more

    Good post!

    Since GC is for the future job, any damage such as "I am losing current job" is legally immaterial and irrelevant.


    ____________________________
    N-400 Oath Date on Aug 19th





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  • nojoke
    11-25 08:31 PM
    I still would not put the blame on the lender. Nobody put a gun to your head and asked you to buy a home. You, out of your own volition, went to the lender after all the shopping you did for rates, then settled with one lender and signed the contract. Why is it the lender's fault for lending you money when you needed it? Why didnt you finanance the whole purchase yourself? You didn't have that kind of money, right? So what the lender did was charge you interest, as a fee for loaning you the money. So the builder/owner of the home got his money from the bank and left. Now the two parties involved are you and the lender. And it is your obligation to pay the loan whether the home appreciates or depriciates. Like Canadian_Dream already said, any investment has risk associated with it. You should have paid attention to it before signing the contract. Have you ever invested in a stocks or mutual funds? There is always a disclaimer that there is a certain amount of risk involved. The investment in real estate is just like that. It is not like putting away money in a savings account which is insured by FDIC.

    If someone is dumb enough not to know these things he should not be investing in the first place!

    From the punjabi's perspective, it is entirely punjabi's fault. Because he knew what he is getting into when he signed the contract. From the public perspective, the banks were stupid to loan money to everthing that moves and later asking for bailout money from tax payers. I think this is what RDB is trying to say.





    anilsal
    07-09 09:45 PM
    we are giving USCIS options on how to deal with the campaign.
    If they really do forward the flowers they need to think about seperating notes from flowers.

    What will happen is - they will pluck the notes from the baskets and then forward the flower baskets as a batch to the vets. I am sure someone at USCIS is going to read the notes.





    gc_on_demand
    11-03 03:48 PM
    How much did you spend for getting this done ? And are you really happy with what this has resulted in to, now all those in computer information manager - lc will get in to trouble, more audits.

    Was this really needed?

    Which labor will DOL going to audit ? Pending , future or approved ?

    If approved and waiting to get approval for I 485 or filling I 485 then it will be big trouble.