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  • lonedesi
    08-08 09:05 AM
    Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?

    This way it will turn out to be a letter campaign.

    What do you think ?

    My understanding is if you send a general letter, you will get a general response (standard template) from the Ombudsman's office. For that matter, you don't even have to send the general letter, because I will provide you with the response you can expect to receive from Ombudsman's office without the DHS Form 7001.

    ----------------------------------------------------------------
    "
    Thank you for your recent correspondence to the Office of the
    Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I
    appreciate your comments regarding I-140 processing at the Service
    Centers. We are well aware of the processing delays at all of the
    Service Centers. Currently the TSC is processing I-140 applications
    received in July 2007. USCIS has taken steps to address the processing
    delays, but their efforts have not come about swiftly. We are
    continuing to review and address this issue.

    Under the authority of the Homeland Security Act of 2002, the CIS
    Ombudsman assists individuals and employers who experience specific
    problems during the USCIS benefits seeking process, largely to identify
    problems and to formulate recommendations to improve the USCIS service.
    Please see our website for more information about the CIS Ombudsman
    (www.dhs.gov/cisombudsman/).

    I believe that first hand information from individuals like you is the
    best source for identifying systemic problems in the immigration
    benefits process. My office will consider the information you provided
    as we develop recommendations to improve USCIS' practices and
    procedures.



    Once again, thank you for taking the time to contact my office, and for
    giving me the opportunity to serve you. I look forward to the day when I
    can report that the work of this office has been accomplished because
    our vision of a world-class immigration benefits system has been
    achieved. Your contribution takes us a step closer to reaching this
    goal.

    Office of the Ombudsman

    -------------------------------------------------------

    Please don't get me wrong. All I am trying to emphasize is the DHS Form 7001 is absolutely necessary if you want them to investigate the problem and see for themselves if what we are complaining about is indeed true. You stand a chance that they may take steps to address this problem. If not, it is just waste of time and effort. There is nothing to fear by providing the case details to Ombudsman's office. There are people who have sued USCIS due to the delays and have won their cases....so why fear when all you are doing is requesting USCIS to process our cases in orderly manner.
    So please take the time to mail the letter & the completed DHS Form 7001 to the ombudsman's office.




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  • a_yaja
    07-21 09:06 AM
    SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],

    COSPONSORS(6):

    Sen Enzi, Michael B. [WY]
    Sen Gregg, Judd [NH]
    Sen Smith, Gordon H. [OR]
    Sen Sununu, John E. [NH]
    Sen Coleman, Norm [MN]
    Sen Voinovich, George V. [OH]


    Enzi - Yea
    Gregg - Yea
    Smith - Yea
    Sununu - Yea
    Coleman - Yea
    Voinovich - Nay


    Everyone who cosponsored the amendment voted for the amendment except for Voinovich. Wonder why he cosponsored the amendment if he did not vote for it.




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  • jonty_11
    07-19 05:41 PM
    Guys please enroll for recurring contributions. Its for our own good. Please dont sit under the misconception that since we applied for 485 and we get EAD we might be ok. you are not safe until you have the green card in your hand. durbin, grasley, ron hira are out there to get you, I wont be surprised if they come after EAD once they are done with H1. Please contribute to IV so that we can work on the next leg on the process, be it SKIL or visa number recapture or whatever comes but to do that IV needs money, please contribute so that we can build on the momentum. Junior members, news members you are the new blood please come forward and contribute. To existing members please think about increasing the recurring contribution amount.
    correct GREEN CARD IN HAND is the key....lest people will take u for granted and abuse you....




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  • qualified_trash
    01-02 07:20 PM
    Folks,

    I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?

    I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.

    Thanks

    you should maybe set it up as a poll. as for me, I am here for good unless asked to leave :-)



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  • gctoget
    09-10 06:09 PM
    Placed a google order for $100
    Google Order #570596617489866




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  • AMKumar
    07-06 10:54 AM
    Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
    Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
    Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
    Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.

    It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
    ~AMK



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  • GCwaitforever
    05-02 09:55 AM
    I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.

    Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.

    I did not know who started it. Good job for standing up. Please let us know what SSA says about this. In my case everyone in the family have SSNs, so this does not apply to us. But I will support any initiative in this regard.




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  • baburob2
    03-09 09:22 AM
    Title 1 amendments are done and have moved to Title 2 for discussion. The ones important to us is in Title 4,5.



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  • singhsa3
    07-20 12:52 PM
    Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
    There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
    All these add to the time.
    Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.

    I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.




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  • desi485
    11-14 04:01 PM
    I went thru' both links posted above in thread.

    It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.

    According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.

    According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.

    What is correct? Both are 180 degree opposite to each other? Any one?



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  • ps57002
    07-27 03:38 PM
    any recent approvals...please let us know..give us hope....




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  • amitjoey
    07-18 04:56 PM
    Questions about disclosure of funds.
    Please check this video for answers

    http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0

    http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0



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  • dpp
    07-20 01:30 PM
    Yes, you are right. It is from beginning of PERM.

    So, total number in PERM labors are 144K. Thats good, not many.

    So, so if we have 150K BEC cases also, it is 300K for primary and 600K-700K total for 485s.



    The report shows 144,000 between March 28, 2005 - June 1, 2007. This is not bad as we all are thinking

    Karthik




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  • eagerr2i
    07-12 06:54 PM
    Is there a SoCal IV member list? Any one from San diego?

    there is a list that I maintained. pls pm me and I can send it to u.



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  • alterego
    09-14 06:30 PM
    Does anyone know how to contact NPR. They have done good pieces about this in the past.




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  • lonedesi
    08-06 08:24 AM
    Raydon, thanks for expressing your situation. But I still feel we are not requesting TSC to expedite our cases. All we are asking his, please do justice to us and follow the FIFO for the I-140 petitions. TSC has been consistently approving cases filed in recently and just continuing to ignore our cases. If you can explain your attorney, I am sure he will understand. Or atleast have him, fill out form 7001 on your behalf and send his own letter explaining the situation to Ombudsman's office.
    I understand that I-140 is employer petition, but it ulitmately belongs to you. So you need to do whatever you can do some how convince your employer or attorney to assist you one time. I-485 is your petition, and you do not need any consent, if you need to send a letter to Ombudsman's office. So please try your best and see if you can mail the form & letter to Ombudsman's office.


    lonedesi,
    Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
    If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.



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  • willigetgc?
    04-30 07:53 AM
    U.S. Senate: Senators Home (http://www.senate.gov/general/contact_information/senators_cfm.cfm)

    Senators list with phone, and web email can be found.




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  • raju123
    06-01 04:00 PM
    This might be useful to you.

    Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"

    The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.

    Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.

    Example 1
    The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
    According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.

    Example 2
    Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.

    Example 3
    Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.

    Example 4
    Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
    Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.

    Example 5
    Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.

    Example 6
    Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.

    For more information about "Age Out", please click the following topics:

    What is "Age Out"
    Child Status Protection Act
    If you are a USC, does CSPA prevent your child from "aging out"?
    If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
    Age Out Problems in Employment-Based Immigration
    Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
    Child of Asylee and Refugee
    Unmarried Sons or Daughters of Naturalized Citizens
    Effective Date of the CSPA


    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




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  • honge_kamyaab
    06-08 01:17 PM
    Congratulations!!

    Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?

    Is your labor RIR or non-RIR? Please let us know.




    johnnybhai
    07-14 01:03 PM
    Done!




    karan2004m
    01-05 08:39 PM
    ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
    just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..


    I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

    Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

    Gayatri



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