Friday, June 10, 2011

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  • arjun007
    02-07 10:17 PM
    No .. I did not submit my i-94 while leaving for Canada...




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  • pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.




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  • Hermione
    09-27 09:26 AM
    Oh, by the way, the names in the article are not real. There are no such names among the 6th circuit opinions.

    http://www.ca6.uscourts.gov/opinions/opinion.php




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  • kpchal2
    03-03 12:26 PM
    hi chanduv
    i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
    thanks



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  • DallasBlue
    07-13 09:50 PM
    Special thanks and hats off to all who are participating in the rally !!




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  • sparky_jones
    04-09 10:14 PM
    Dear All,

    We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.

    Please clarify:

    1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
    2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
    3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)

    I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.

    Please help me clarify these questions.

    Thank you,
    Ramg
    1. State her true current status. If she's switched to H1B, state "Temporary Worker".
    2. Alien Number from FP sheet. It should also be on the I-485 receipt, EAD card and AP.
    3. It should be the date of expiry of your current I-94.



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  • sury
    11-17 03:59 PM
    This turned out to be FP notice.

    I moved to new place before I have recieved FP notice. My Attorney sent their copy and I finished FP.

    The FP notice copy which I recieved earlier at my old address is returned to USCIS and they have re-sent it to my new address......which is nothing but updated as "Document mailed to Applicant" online in USCIS website




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  • dazed
    07-19 07:35 AM
    If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.



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  • eb3_nepa
    08-14 02:42 PM
    to send separate checks so they can generate LIN/SRC numbers against each application.:(

    I sent in one cheque for all 6 applications (my wife and myself). I also just called a USCIS rep and he said one check should be fine.




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  • basav
    08-04 06:57 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..



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  • redgreen
    12-07 08:33 PM
    actually you don't need even a degree to get EB1. if you have a nobel prize or pulitzer prize or olympics medal or equivalent you can apply and get eb1. (details are there in uscis website). phd and several published papers and patents are not sufficient for eb1.

    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.




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  • Hermione
    09-27 09:26 AM
    Oh, by the way, the names in the article are not real. There are no such names among the 6th circuit opinions.

    http://www.ca6.uscourts.gov/opinions/opinion.php



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  • mbartosik
    05-30 01:17 PM
    Following this logic only BEC cases are affected.
    I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.

    If BECs complete processing by year end then all I140s could be issued within a few months of that.

    After BEC cases have been processed then what's the problem since PERM is workable?

    The only problems I see are:
    BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
    Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.

    The extension beyond 6th year was only ever intended to allow for the labor certification backlog.

    Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).

    If the BECs complete their job, why would there be a need for 7th year extensions?




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  • gchopes
    08-04 04:04 PM
    my2cents - Agreed and Understood. But what if you are not on H1/H4 and just on EAD/AP aka AOS status. In that case you cannot mail the second AP and return on that. You need to return on the first AP.

    Not True


    All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.

    After approval, you can mail them.

    I have known 2 person whose spouses came without problem.

    Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.



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  • Ram_C
    11-14 01:21 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    Yes you are true, FP doesn't have anything to do with EAD approval.
    However if you apply EAD online, then you will get FP notice as a part of the process.

    good luck :)




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  • puvathoor
    02-17 09:02 AM
    Even if Charles did say that EB2 India / China will have a cut off date of Dec 2003, how come the lawyers did not question him on this logic?

    EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).

    What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.

    While I would love for this to happen, this seems to be a very remote possibility.



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  • abhijitp
    11-16 06:44 PM
    I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
    My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...

    How did you know your I-140 went to VSC?
    I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!

    BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)




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  • buehler
    07-13 04:44 PM
    Wow!. I did not realise that. I an unknown quantity. What does that mean?

    That means there are some positive and some negative votes for you.

    It looks I now have two green squares. With three squares I will get my GC within the next two years. So if only I can get a few more votes :D

    P.S - I can't believe I am spending my Friday evening that too in Summer in front of my computer.




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  • centaur
    02-09 11:08 AM
    Bush is for immigration reform.

    I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.

    Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.

    Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.

    It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.

    As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.

    The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.




    kpsm88
    11-15 04:39 PM
    This gives me some peace..
    I had LUD on 10/23
    11/09 - Document mailed to the applicant status..

    Hopefully I will get the AP in couple of days




    sapota
    08-22 02:50 PM
    I know some of you will be attending the Rally in DC on Sep 18th.

    But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.

    This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like

    West Coast (Bay area )
    Midwest (Chicago)
    Texas (one of the major cities - Dallas, Austin or Houston)

    Think of all the local media attention this gets & also the ripple effect into national media.

    Any thoughts ??



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