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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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  • waitnwatch
    04-15 02:28 PM
    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.

    The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.

    I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.

    What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.

    Thank you, thank you, thank you, for permitting me to present my delima to this your website.
    abby

    This is not a genuine post....This person says that he/she was replaced by a "visa card holder". If this person has survived the pain then he/she would know what terminology to use. This person talks about a "country other than yours". What does this person mean. And of course this person lost his/her job "because" he/she became a citizen. So this person suddenly became incompetent after becoming a citizen. We may be suffering but we are not exactly idiots.

    Moderators could you please do what is needed with this thread!




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  • tabletpc
    11-30 01:27 PM
    Nissan1,

    thanks for the reply...

    6 month wait time is much better than 5+ years...




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  • sree_99
    02-01 08:09 PM
    She is not using her EAD, She is enrolled fulltime in school.



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  • snathan
    04-15 06:32 PM
    Hello,

    You have no idea how I am desperate and will appreciate your help.

    I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

    The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

    My only visa has really been revoked so I really overstayed 7 months.

    Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

    Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

    Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

    Thanks a lot for your advises

    As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..


    Good luck




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  • jr8rdt
    11-12 05:32 PM
    1) To invoke ac21 do you have to have EAD and ...

    a) I-140 approved and 485 pending 180 days or more OR
    b) I-140 pending and 485 pending 180 days or more


    2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...

    Thanks



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  • GCwaitforever
    08-15 10:58 AM
    I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).

    See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)

    Second I-140 Allowed without Revocation of Earlier I-140 Petition

    The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.

    This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.




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  • fuzzy logic
    07-01 12:46 PM
    I am in the same situation currently.

    My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.

    They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).

    Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?

    I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.



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  • arjun007
    01-26 12:53 PM
    H1B Stamping in Halifax Canada (only for revalidation)

    If this is your first H1 do not book your appointment. I had my H1 from my first company and I was going for the stamp for my third company.

    -Appointment
    I Scheduled the appointment on the website. While scheduling it the page for entering the I-797 information (notice date, receipt date, receipt number) did not show up. But a few days before the appointment I logged in again to my account with the passport number and reference number, this page showed up and I entered the information. It is important to fill out this information and DS 156 online.
    I would suggest filling up a sample DS-156 offline and after reviewing it filling it up online. You should get 3 pages for the DS 156 and 2 of them have a barcode.
    *Do not glue the 2x2 photograph on the form.
    *Also do not leave any blank spaces (.... write NA)

    At the airport

    As soon as I got out of the immigration at Halifax, a few yards down the airport lounge I saw the Travelex foreign exchange and converted a few us dollars. there is a 7 $ fee for every transaction. If you have somebody with you, I would recommend both of you to do the transaction in one go. I recommend not taking a cab to the city. It costs 54 Canadan $. There is a shuttle service managed by AIRPORTER. Its 18 $ per person. Book your ticket in the airport terminal itself. Ask the driver to drop you at Delta Halifax (Hotel).

    -Scotia Bank
    Once you get down at Delta Halifax you will see the Scotia Bank Sign. Get into the building. The bank is in this building (Scotia Mall) right behind a fountain.
    Deposit the money and get the deposit slips stamped. I converted another 50 US $ for a 2 $ fee ( Cheaper than the airport). The food court is next to the bank. I ate at TASTE OF INDIA, but I would recommend the Chicken kabob platter at the Lebanese joint. After lunch I walked all the way through the skywalk to the PURDY WHARFS TOWER 2, behind the Casino, to check out the consulate, so that I do not have to struggle the next day to find it. The security at the reception area called a cab for us to my Dartmouth motel.

    -Stay
    I booked a motel (air+hotel package on ORBITZ) in Darthmouth, Nova Scotia (Comfort Inn, 456 Windmill rd) $ 72 per night for a 2 bed room. Its 20 minutes away from the city. 14 $ by cab. You can also take the bus number 51 (2$ coins only) right across the motel to the place called Bridge (it literally takes you to the bridge which connects Dartmouth and Halifax city). Remember to take the transfer stub and change the bus. Most of the buses from the bridge go to the Scotia Mall in Halifax. We travelled by bus for most of the day. It was very cold. January and temperature were around -20 C. There is a Chinese restaurant and a Pizza/Sub place right across the Motel. Also the Bridge area has a few places like Wendy's.

    -day of the interview
    My appt was at 9:30 , I was there by 8. They took me in. Gave me a list of documents to be kept ready (I was missing the travel itenary, fortunately my friend who was travelling with me had an extra copy). The security guy checks the documents and gives you a stub for the passport. Keep this stub safely, you have to show it the next day to get back your passport. (Its cool even if you lose it.The security guy is very freindly. He remembers people. A few had lost it, but no issue)

    questions
    - how long you have been in US
    - what degree (Masters or Bachelors)
    - how long with this company
    - why did you leave the first company
    - why did you leave the second company
    - when did you leave the company

    She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.

    After the interview we went back to the scotia mall, had lebonese food, took a bus number 1 to the park lane mall ( you could also walk) and watched an awesome movie (Kite Runner)

    Next Tense day
    This was friday, my flight was at 6:15 pm. The US immigration closes at 5:30, so I had to be back to the airport at the most by 5:15 pm.
    I was at the consulate at 2:50 pm. I security guy let us in. Has a small chat with us. Said only a few passports are ready. unfortunate none of them were ours. We waited till 3:15 pm but the passports werent ready. There were 7 of us , only 2 were H1B. He asked us to come back at 4:30 pm, if not by then he ased us to enjoy our weekend at Halifax !! We went back to the Scotia mall, ate some more, came back at 4:00, clock was ticking...all 7 of us were there by 4:30 pm. All were very tensed, they had booked their tickets like us. 4:45 nothing yet....4:56 I got my passport, 4:59 my friends got my passport. We ran down to the reception, the security called a cab,
    All of us had got the Passports. The Taxi driver (Indian) drove like crazy to get us to the airport. It was rush hour and the Bridge is packed. The most amazing driving I have seen. We got to the airport at 5:30 pm, but they didnt let us check in as the Immigration was closed. I paid 200$ for 2 if us to rebook the next available flight next morning and stayed the whole night at the airport.
    -

    Hope this information was useful. Too detail, but I was in the mood of writing after watching Kite Runner. Do watch it !




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  • babuworld
    11-19 03:33 PM
    Gurus , I dont know if this question have been addressed before. I am currently on H1B and is valid still july 2009. But i dont have stamping on my passport. I am waiting for AP for my wife and myself. If we user AP to India Trip then

    1.Is my H1B still valid?
    2. What will be the status? My employer didnt apply for EAD at this movement.

    Thanks in advance for your suggestions.



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  • seeking_GC
    07-18 08:19 PM
    bump>>




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  • ita
    11-19 11:03 AM
    Is is it ok if you receive just 2 AP papers?
    WHat is the difference between 2/ 3 AP papers?

    Thank you.



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  • anilsal
    08-06 12:45 AM
    First they need to cope with the scores of petetions, USCIS and FBI.
    For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
    This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
    Additional VISA numbers may not help anybody, if they don't use them properly
    Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)

    Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.




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  • sundarpn
    08-03 06:45 PM
    Is the below in bold which mambarg has mentioned true?

    I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.

    its news to me that 485+180 day rule applied to mere porting of priority date too?



    Question 11. When is an I-140 no longer valid for porting purposes?

    Answer: An I-140 is no longer valid for porting purposes when:

    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or

    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.



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  • thomachan72
    07-20 03:32 PM
    Hi John, thanks for bringing this to the attention of our members. Lets hope everybody finds time to call Sen Cornyn to thank him for introducing this bill. Another thing I wanted to say is that, our members are all busy with 485 filing and stuff so we can expect a response only after the 17th of August when the excitement of 485 filing is over. Even though it was defeated it doesn't seem to be a very hated idea by the majority since 5 more votes would have made it safe. So there still seems to be a positive factor lingering around for us the "legal immigrants". Hope we are able to capitalize on it soon. IV is infact becomming stronger and more influential thanks to the dedicated efforts of the leader and the members. Pls keep up the spirit for all of us. We need vigilant people like you to do the work to spot opportunities and failures for the community. Thanks.




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  • a1b2c3
    07-24 11:13 PM
    wtf!



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  • lazycis
    05-07 01:29 PM
    Forget to mention that you can port to self-employment :)




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  • eeezzz
    02-19 01:18 PM
    I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
    We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?

    "There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
    I think this means
    1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
    or
    2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.




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  • rani77
    08-30 10:53 AM
    Isnt recording conversations without the consent illegal? :confused:

    This may be correct but , if you sent the tape of employer abusing /cursing its own employees to DOL along with other allegations , they might well pay special attention and scrutinize him or his company thoroghly.




    hydboy77
    04-27 09:59 PM
    a lot of people who applied during July 2007 are getting RFE on 485, I guess this because of pre processing but 99% of these people who are getting RFE are from NSC. I same only one or two people from TSC who got RFE. From this seems like NSC is pre processing but TSC is not.




    mrdelhiite
    08-07 09:30 AM
    I have already filed on July 2nd.
    i am sending my spouse's in the next few days.
    I am doing:
    i-485 - $ 325 + $70
    i-131 - $170
    i-765 - $180

    using FEDEX delivery
    to the following address:

    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227

    If anyone think that I am wrong, please correct me.


    Can you share the list of docs u are adding to her application ? Also where are u based and is there a reason why u selected TX ?
    -M



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