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  • spdy_mn
    06-29 04:27 PM
    How about, they are expecting so many application 140 plus 485...that THEY DO NOT WANT TO PROCESS ANY APPLICATION...like always - THEY WILL SIT and EAT BURGERS and dont WANT TO DO ANY WORK...nothing new here folks...


    I understand your frustration, but easy there Jonty. To blindly accuse of someone of not doing their work is not good. Again I understand the frustration but we need to go easy on the criticisim.





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  • CADude
    09-25 02:11 PM
    I didn't get the phone# for USCIS compaint dept. But some one(may be ashres11) posted one phone#18003238603 for DHS. I called that number and it turned out Inspector General office. As i reported earlier. He told me to call regular USCIS 800. I said it's useless. He took some note and asked to call this new number 877-246-8253.

    E-mail :
    cisombudsman.trends@dhs.gov
    joint.intake@dhs.gov

    Fax :
    202-344-3390

    I got the LIN# I-765 from congresswoman office per USCIS reply.

    I had followed your footsteps Cadude long time back. One quick question, how to I bug USCIS complaint dept.. or inquiry dept. any email or fax number?
    I am in corresp. with my senator and congressman.
    Thanks
    ps : Did you call USCIS to make sure your checks are encashed or got LIN numbers?
    I know you got your I-765 numbers.





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  • vicsthedude
    09-24 11:10 PM
    My turn to share the most anticipated emai. I got it today.





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  • ramus
    06-29 07:51 PM
    Same with me... my attorney is not responding either. I guess it is done deal now.. Good luck to all who can file even if dates goes back..I think it will be 'U' for India and china..





    [QUOTE=makemygc]well i courier-ed it to my attorney to be supposedly mail out by today but now that law firm is not even responding...so even if move my ass or move my other body parts ...its not going to change any darn thing....I know u must definitely be moving all the way from top to bottom...best of luck..[/QUOTE


    gud luck to u too!!!!



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  • seekerofpeace
    10-05 10:53 PM
    Caliguy,
    POJ method can be used for all cases that are current and in the processing window...just keep on trying ur luck and I am sure you'll land a decent CSR who will be much much more useful and worth your trials and efforts.
    Be persistent and you have every right to be after all you came this far.
    Write to Janet Napolitano and mention that you are unfairly getting delayed and that you want to know what is holding your application and all checks and clearances done and visa number is available...
    SoP





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  • another one
    07-13 10:34 AM
    I thought he might say something stupid about the Hindu Prayer disruption in Senate yesterday. However he didn't bring it up. But the way it's been going his "faux pas" (anti-Italian remarks during Italian parade in Little Italy, anti-Latino, anti-Indian and anti-Chinese remarks such as "socio-ethnic interest groups", "foriegn" and "cheap labor", "Communist China" and ofcourse the 7000 lepers in 3 years...) are all building up and sooner or later something will give.
    I don't think anything would give as a big part of america can relate to all this. At the most CNN may fire him but a number of other stations would be ready to pick him up. Last thing a broadcaster wants is for people to ignore him/her. Thanks to us that is not going to be a problem for Dear Lou, and so a number of stations would love to have him just for that.



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  • arunmohan
    04-22 02:03 AM
    I agree with Saralayar. Could someone please take an initiative to draft a letter?

    Once letter is drafted, I believe that lots of people will send it to President.





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  • darslee
    07-09 08:29 PM
    How did he came to know about this, where as many big media heads are unaware of this........any idea?

    Perhaps something as simple as the florist's confirming delivery address etc?

    That is the reason they ask for recipient's telephone number. They do warn that they may call the recipient to confirm delivery details.



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  • anotherone
    01-29 06:28 PM
    Is there some master list of companies that have been filed against ? Do you know of anyone on this list that have done so and won ?

    What will that accomplish really ? I dont know if working for this place will be a good idea anyway after filing a suit against them... but OTOH if it helps other people or at least if its out there on the net, so other companies wont get his brilliant idea....

    just musing, thankyou for replying to my posts so quickly.





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  • vsoni
    05-04 06:26 PM
    I appreciate your input



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  • delhirocks
    06-29 09:09 PM
    just curious...

    I like IPAs...Iam in seattle, they have this nice brewery (Pike Place Brewery), the head brewer over there, split open a new cask of this mild IPA, It had a nice bitter after taste. Kindoff like this whole fiasco (except the nice part)





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  • chanduv23
    11-17 02:22 PM
    well, EAD is denied when MTR is denied, makes sense. But if you see the information posted by 'desi485' in this other thread (http://immigrationvoice.org/forum/showpost.php?p=302334&postcount=17), it may remain valid till validity. This is indeed confusing though. Please ask your lawyer and share with us everyone here.

    There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.



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  • Humhongekamyab
    08-21 11:18 AM
    Along with free india callling you also have the basic feature of calling unlimited in US for 24.99. Which looks pretty good to me. I already have a vonage service for 24.99 and it was a free upgrade to this new plan(after i called the customer service rep) and still i am paying the same 24.99 which is good.

    Thanks for the information about your Vonage plan but the question was if it is only limited to 5000 minutes. Lot's of people like me use Trueroots/ Reliance with no home line so I was thinking aloud if it is worth signing up for the service.





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  • arml27
    06-27 10:23 AM
    Hi

    I have a approved i140 with priority date of Dec 2004 EB2. My spouse has approved i140 with priority date Mar 2006 EB2.

    Since it is not recomended to apply 2-1485's we decided to settle on mine. But then, since we both have our H1's for next 3 years, we don't want to use EAD and AP till the final process of GC is done.

    My question is should we apply for EAD and AP or not. This question exists in the questionaire given by my employer.

    Please advice.

    Thanks,
    Arml



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  • anura
    03-30 10:51 AM
    My PD is 01/09/2007. Is there any chance to reach my spot in May visa bulletin? Any thoughts would be greatly appreciated.

    Thanks,
    Nandu

    No. Not in May, but sometimes during 2011 the chances that Jan 2007 will be current is extremely good. Good luck.

    A





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  • DallasBlue
    09-13 03:00 PM
    Caught in a Bureaucratic Black Hole
    By Anna Gorman
    The Los Angeles Times

    Monday 10 September 2007

    Applicants seeking US citizenship languish for years as the FBI conducts cumbersome records checks. Lawsuits are a result.
    Seeking to become a U.S. citizen, Biljana Petrovic filed her application, completed her interview and passed her civics test.

    More than three years later, she is still waiting to be naturalized - held up by an FBI name-check process that has been criticized as slow, inefficient and a danger to national security.

    Petrovic, a stay-at-home mother in Los Altos, Calif., who has no criminal record, has sued the federal government to try to speed up the process. She said it's as if her application has slipped into a "black hole."

    "It's complete frustration," said Petrovic, who is originally from the former Yugoslavia and is a naturalized Canadian citizen. "It's not like I am applying to enter the country. I have been here for 19 years."

    Nearly 320,000 people were waiting for their name checks to be completed as of Aug. 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years.

    Applicants for permanent residency or citizenship have lost jobs, missed out on student loans and in-state tuition, and been unable to vote or bring relatives into the country. The delays have prompted scores of lawsuits around the country.

    Already this fiscal year, more than 4,100 suits have been filed against the citizenship and immigration agency, compared with 2,650 last year and about 680 in 2005. The mandamus suits ask federal judges to compel immigration officials to adjudicate the cases. The majority of the cases were prompted by delays in checking names, spokesman Chris Bentley said.

    "There is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd," said Ranjana Natarajan, an ACLU staff attorney who filed a class-action lawsuit in Southern California last year on behalf of applicants waiting for their names to be checked. "People who have not been any sort of threat ... have been caught up in this dragnet."

    In addition to the bureaucratic nightmare that the lengthy delays present, attorneys and government officials say there is a far more serious concern: They could be allowing potential terrorists to stay in the country.

    Fallout From 9/11

    The backlog began after 9/11, when Citizenship and Immigration Services officials reassessed their procedures and learned that the FBI checks were not as thorough as they had believed. So "out of an abundance of caution," the agency resubmitted 2.7 million names in 2002 to be checked further, Bentley said.

    Rather than simply determining if the applicants were subjects of FBI investigations, the bureau checked to see if their names showed up in any FBI files, including being listed as witnesses or victims. About 90% of the names did not appear in the agency's records, FBI spokesman Bill Carter said.

    But for the 10% who were listed, authorities carefully reviewed the files to look for any "derogatory" information, Carter said. Because many documents aren't electronic and are in the bureau's 265 offices nationwide, that process can take months, if not years.

    "It is not a check of your name," said Chuck Roth, director of litigation for the National Immigrant Justice Center in Chicago, which also filed a class-action suit. "It is a file review of anywhere your name happens to appear. It has just created a giant bureaucratic mess."

    Although many of those stuck in the backlog are from predominantly Muslim countries, there are also people from Russia, China, India and elsewhere. They include government employees and Iraq war veterans. Many have been in the U.S. legally for decades.

    In one case decided in Washington, D.C., recently, a federal judge wrote that a Chinese man's four-year wait for permanent residency was unreasonable and ordered the government to decide on the application within three months. Petrovic, who has two U.S.-born teenagers, doesn't know what delayed her application. The only explanation she can think of is that her name is common in her native country.

    She and her husband, Ihab Abu-Hakima, also a Canadian citizen, applied for citizenship in April 2003 and had their interviews in February 2004. Her husband was sworn in that summer, while her application continued to languish. She checked the mail daily.

    When she still didn't hear anything, Petrovic contacted immigration officials, who told her that the FBI had her file and that it was still active. She also contacted her representative and her senator, whose offices asked Citizenship and Immigration Services to expedite the application. She filed a Freedom of Information Act request for her FBI file, which simply showed that she had never been arrested.

    "I have a feeling that the system has broken down," she said.

    Joining a Different Group

    In August, Petrovic joined an American Civil Liberties Union lawsuit filed in Northern California against the federal government. She is waiting to become a U.S. citizen so she can sponsor her elderly parents, who live in Canada and visit often.

    "Every time they leave, I feel bad," she said. "This is their life here, more than there."

    The problem extends beyond the disruption of personal lives.

    In his yearly report to Congress in June, immigration services ombudsman Prakash wrote that the policy on checking names "may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country." questioned the overall value of the process, writing that it was the "single biggest obstacle to the timely and efficient delivery of immigration benefits."

    The Department of Homeland Security has acknowledged the threat, last month announcing plans to work with the FBI to address the backlog and reduce delays. Citizenship and Immigration Services will reassess the way name checks are done and earmark $6 million toward streamlining the process, Bentley said.

    Though 99% of the agency's name checks are completed within six months, Bentley said, the lengthy delays for some applicants is "unacceptable."

    "That requires a lot of patience on the part of an applicant because they have to wait sometimes multiple years," he said.

    Nevertheless, he said, no benefit will be approved until that name check comes back clear. Security checks have produced information about sex crimes, drug trafficking and individuals with known links to terrorism, according to the agency.

    Carter, the FBI spokesman, said he understands that applicants waiting for answers are anxious, but he said the process is complicated and involves dozens of agencies and databases - and, in some cases, foreign governments.

    "The FBI's No. 1 priority remains to protect the United States from terrorist attack," Carter said. "To that end, we must ensure the proper balance between security and efficiency."

    In addition to clearing the backlog and processing the 27,000 new name checks it receives each week from immigration officials, the FBI is trying to accelerate the process by making more documents electronic. It is also adding more staff and moving resources to a new records facility in Virginia, Carter said.

    Mark Krikorian, executive director of the conservative Center for Immigration Studies, said the government needs to make sure that it carefully checks every application. And working with foreign governments is inevitably going to slow the process down, he said.

    "We correctly have much more stringent standards for immigration," he said. "I am not really sure that there is any way to do this kind of deep background check efficiently."

    But attorneys said that because of the inefficiency, the program isn't serving its purpose.

    "Let's say this guy is a terrorist or a criminal," Los Angeles immigration attorney Carl Shusterman said. "Why wouldn't the FBI rush the case?"

    Mervyn Sam, a South African native who got a green card in 1998, has been waiting more than four years for the FBI to complete his name check. Sam said his career has been affected by the delay. He lives in Anaheim and is a project manager at a software company but cannot work on certain government projects because he is not a U.S. citizen. He has sued the federal government.

    "I am not sure what the hiccup is on my end," he said. "It is very, very frustrating."

    Shusterman, whose office is representing Sam, said applicants waste their time by contacting the immigration services agency, the FBI or their legislators.

    "There is only one thing that works, and that is suing them in federal court," he said.

    --------

    anna.gorman@latimes.com



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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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  • abuddyz
    01-28 04:55 PM
    I came across a couple who got their H1B approvals last yr with in 3 weeks to each other. One of them was in PIMS and other one not. So I feel approval date does not seem to be a criteria to base these delays upon.:confused:

    Good Luck to everyone including myself!:(

    both H1 were approved from the same USCIS center? the one which is stuck in PIMS, which service center it was?





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  • new_phd
    06-15 11:28 AM
    Can someone please explain:

    If husband-wife are both on individual h1bs, and they want to file, say, based on the husband's labor/I-140 application, then should they be submitting an employment letter for the husband and copy of his employment letter for the wife? Or, do they need to submit the wife's own employment letter along with his applicaiton since she is also individually employed on an H1b?

    Thanks!

    Edited:


    * Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.



    .. I think Pranju answered this question.... seems like we have to submit the employment letter of the person whose petition is being used to apply for the 485. Thanks!





    485Mbe4001
    09-24 03:30 PM
    you are partially correct about this statement worldwide level = 140000 & EB3 = 28.6% of

    but there is another rules that screws us

    per country limit is 7% of the total, hence

    140,000 * 0.07 = 9800 per country limit
    9800/3 = 3266.66 per category if we assume that there are 3 categories. If we include EB4 & 5 the number is less than 3k per country. I think that this number is more accurate because most of the other blogs mention the fact that EB3 1 will get maximum of 3k per year if there is no spillover. My PD will be current if they set 5.5k per country for EB3 I, having been stuck in every step of this !@#!@ process i feel that the number will be around 2.8 (consular processing etc).


    I am not considering any spill over etc...

    here is what says on visa bulletin
    Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)

    The worldwide level for annual employment-based preference immigrants is at least 140,000.

    EMPLOYMENT-BASED PREFERENCES

    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 numbers 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".


    worldwide level = 140000
    EB3 = 28.6% of 140000

    can you please clarify ?





    nrk
    08-17 02:05 PM
    congrats enjoy.


    Hi guys

    Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
    Wish you good luck guys

    Thanks again



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