Wednesday, June 15, 2011

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  • tinamatthew
    07-22 11:03 PM
    A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days. He stated "Applied for i140 premium processing on June 22nd, 2007" From what I understand, this new i-140 application was PPS and not an upgrade. The receipt date is the date USCIS date stamps the application. I think he will get his money returned as they have passed the 14 day deadline.

    A2: Most probably, that is what has happened.

    A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

    Good luck!

    Thanks,
    Jayant

    Thanks




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  • gxr
    10-02 09:14 PM
    sush - What's the LUD on your 140 ?




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  • styrum
    10-26 10:05 PM
    I got this as a real paper letter. The signature is a picture, of course, not real.
    No surprise here. We are not even a part of immigration reform for him.:mad:
    So in this standard reply "about immigration reform" we are not even mentioned.

    EDWARD M. KENNEDY
    MASSACHUSETTS
    Uinited States
    WASHINGTON, DC 20510-2101
    October 9, 2007


    Dear Mr. :
    Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
    Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
    Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
    Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
    Again, thank you for writing to me about this important issue.
    Sincerely,

    Edward M. Kennedy




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  • gc_peshwa
    01-26 07:00 PM
    IMHO this is a tremendous start. If at all the lawmakers do get serious about this proposal we need to lobby hard to include MS students and EB community as part of one of the amendments. If President Obama can mention MS students in in speech to the nation I feel he would atleast support it.
    The topic of STEM students getting stapled green cards should be relatively less controversial.



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  • David C
    November 25th, 2005, 01:11 AM
    Both compositions have different things going for them - I think I lean slightly towards the dark one... Though I also feel the first one would have looked better to me if it had been a bit sharper in the centre (and the second, which does seem sharp enough at the top of the bloom, if the DOF had been a little wider) ??




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  • indyanguy
    02-23 06:37 PM
    I already finished 14month 8days and still pending in NSC

    14 months 8 days!!! I am already getting frustrated after waiting for 7 months (NSC) :mad::mad::mad:



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  • rheoretro
    09-25 05:22 PM
    I got denied by discover credit card due to not having a green card.
    They said, it is just their policy that they won't give credit cards to
    people who don't have green cards.
    I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.

    Though i have a mortgage now, my first mortagage application got denied on same grounds.

    Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.

    But most of the lenders do mortgages anyways even for the people who does't have a ssn:).

    Discover Card is a bit picky...I applied a second time around and they approved it.

    Student loans - federal loans require full citizenship.




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  • kondur_007
    08-11 09:47 PM
    Dear Friends

    One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.

    Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.

    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....

    My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).

    Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.

    The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.

    How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.

    In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.

    Only thing that will get you green card faster is "Luck".

    Good luck to all of us.

    This is exactly why this is the perfect time to structure our agenda for the upcoming CIR next year and try to introduce it in the bill to streamline this mess for everyone in future.

    It is very clear and everyone knows that with current structure and resources, using current procedures, USCIS will never be anywhere close to be "efficient" or even "effective". What is needed is radical change in the procedures and the structure of this agency. I dont think it is the fault of "a person"; the whole system is the problem. I would not be surprised to see a "frustrated" USCIS employee over these inefficiencies.



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  • priderock
    05-15 10:35 AM
    Wonder how many core group members benefited with this forward movement !!




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  • iv_only_hope
    02-17 10:10 AM
    Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?



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  • BharatPremi
    03-17 10:26 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left in 2004 as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.


    Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.




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  • Appu
    04-08 05:56 PM
    I am not sure why you think Sensenbrenner will be receptive to the problems of legal immigrants. Here's a summary of the legal immigration clauses he put in HR4437 - they are not there by accident:

    http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf

    Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
    patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
    � Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
    � Permit the government to keep the reason for that denial a secret;
    � Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
    � Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
    and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.



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  • STAmisha
    11-15 12:42 PM
    You dont need a new H1 to come back to USA from Canada.All you need it is a valid I-94 and I-797. Dont surrender the I-94 at the border. This rule is called automatic revalidation rule.




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  • leoindiano
    07-09 01:15 PM
    Mine is TSC peding since May 2006.
    Upgraded to PP on Jun 19th 2007, no updates yet.

    Mine is TSC too...



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  • mdforgc
    05-19 04:48 AM
    I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points

    1. Be able to track ur application on USCIS website with the receipt number
    2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.




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  • perm2gc
    12-22 06:08 PM
    Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

    Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

    H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

    Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

    Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

    Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

    Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off



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  • sekasi
    11-30 02:16 AM
    I think I misread the OP about moving from the flash IDE to flex builder although I strongly prefer both FD and FDT to flex builder..

    and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P




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  • smsthss
    07-05 09:27 AM
    Is premium processing for I-140 back again??. I know that the premium processing for I-140 was suspended due to the expectations that there will be lot of I-485 applications during july. BUT now that they have made the dates unavailable.. IS PREMIUM PROCESSING FOR I-140 REINSTATED?? ANYBODY HAVE ANY UPDATES ON THIS !!!




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  • nagkad
    09-03 12:19 AM
    Got approval today.
    first received CPO email and later received welcome email.

    PD:12/14/2007
    ND:09/11/2007
    RD:08/01/2007




    Green06
    08-24 10:48 AM
    Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.

    I will try finding the recording of the show and post it here.




    sekasi
    11-30 02:16 AM
    I think I misread the OP about moving from the flash IDE to flex builder although I strongly prefer both FD and FDT to flex builder..

    and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P



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