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  • sheela
    09-20 02:15 PM
    but it is pending with FBI since Aug 1st. Looks like they also check for fragmented names.

    This is my opinion, not an advise. Use it at your own risk.

    How to find out if you name check has been done/cleared.

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  • Milind123
    01-27 09:06 PM
    Now about the staff at Heathrow. Surely anyone with eyes that work can see most of them are not British at all but immigrants of some variety or another. A true Brit is a very friendly individual. The invasion of their island during the past fifty years has changed the face of the entire community, not all for the better that is for certain.

    Now how do you know that, do you check their passports or do you ask them point blank about their origin. Or do you try to place them by their accent. Obviously not. The only way you can make such a blanket statement and attach an "immigrant of some variety" lable is by the looks alone. My friend, the last ten pages are precisly about such issues. Also, it is quite possible for a third generation Indian/Pakisani, a true Brit nevertheless, to work at Heathrow ... and If I borrowed your eyes for a minute, I see only an immigrant invading the country.

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  • gcisadawg
    08-20 02:33 PM
    I'm at Oct 2004 (EB3-I), 35 years for me .... you don't say!

    No seriously guys, 'spatial' brings up a good point; the laws are up for interpretation by the USCIS.

    Man, believe me, I'd be happy to accept that my numbers are incorrect!


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  • malaGCPahije
    08-08 09:41 AM
    If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?

    for the same job position it should not be possible. When the employer filed in EB3, the employer must have provided all documentation necessary to justify the EB3 status. If now, the employer has to go back and indicate that the job requirement matched EB2 status, then that indicates something was not done right during the earlier application. That could right away trigger a RFE.


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  • GCKaMaara
    11-18 11:16 AM
    This is a very good news. Kudos GC4Me, PD_Recapturing, ItIsNotFunny, NK2006, AkhilMahajan.... everyone.

    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hera more about the phone call.
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.


    CIS Ombudsman

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  • priderock
    07-10 10:58 AM
    I understand each and every part of that DOS statement.

    Peace! Relax! Let's wait and watch!

    I thought so too :) :). Your's was just wishful thinking.


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  • peer123
    05-15 12:31 PM
    Do I have to have 140 approved for getting EAD, I can file jointly now --- which I will be - So will i get my EAD before 140 is approved.


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  • pat123
    10-01 02:12 PM
    what does it means ???

    Take your I 485 application. There is a received date column and Notice date column.
    Date received is the date they received your application,Notice date is the date they entered your application was entered into their system.

    So, if someone with priority date of 08MAY2006 (EB2), but with a notice date of Aug 30 2007 will get the green card earlier than someone with priority date of 20April2006 (Eb2) with a notice date of Sept 15.


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  • ItIsNotFunny
    11-10 11:07 AM
    I am sorry if I am wrong, but do you think if IV CORE try to hold a meeting with top CIS officials on this issue, wouldn't that be more effective? Many members reported not getting proper response to letters. Who knows whether anyone @CIS has time & willingness to read and act on our letters? Why not take an active approach rather than passive one?

    I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!

    So far not even 100 participants to the event. This lack of action is killing us. I sincerely thank people who sent mails.

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  • old_hat
    05-09 08:57 PM
    I have news for you (and the certitude with which you make your claims here are laughable). Computer science graduation rates in US went up this year by 6-8%, because the visa caps since 2003 remained at 65000 instead of 195000 creating some demand here. I personally know kids who wanted to go to Computer science, but went for other areas like health care because of the lack of offshoring/H1 etc. If the crooked Indian offshorers and fly-by-night operators are not driving down the wages, more americans will go to computer science, as they would go for a career as MD or Pharmacist or lawyer (almost all those careers need at least 6-8 years of college). They also know that professional associations like AMA or APhA wouldn't allow importing foreign workers by corporations/hospitals on a scale that H1-bs are imported in IT area

    Very sorry to disagree with you. Kids here have a lot more well paying choices for career and computer science is not really the glamour area for them. Where do you get 6-8% number from? is it Bachelors, Masters or PHD graduates? What percentage of this number is foreign students? in my experience there was a surge of foreign applicants even at Bachelors level during the same period.

    Kids choices here are guided by their interest and career opportunities. And interest is the foremost criteria. Your thoughts about physicians or pharmacists are not apple to apple comparison. People have been sick through out the history of mankind and there has been increase in physicians and care providers propotional to population growth rate. There has been no explosive growth in those areas. IT/semiconductors/computers have gone through a period of explosive growth. That growth rate slowed with the burst of 2000-2001 and the H1 numbers reflect that. Why are H1 numbers not taken this year? It is simply because the market has slowed down.

    Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.
    A computer science degree is not a mujst but it should be in related fields of science, math or engineering. can you show me a pharmacist or physician who is an architect ? The guy who is hiring a professional will determine who is the best suited for his needs? If the guy from TCS/Infy does not suit his needs he can find the best guy available to him. You can not judge who is best suited for all jobs available. And in this economy if a person's skill does not suit the job he is out of the door pretty quickly.


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  • Devils_Advocate
    03-09 11:09 PM
    You have to be kidding! Here people are crying to get there EAD's extended and you think the Govt will give us citizenship???

    Please i suggest everyone to wake up and smell the coffee/chai.

    If you think giving us citizenship will be easy becoz it will prop up their vote bank think again coz it will never happen. Imagine the headlines which says recession time 10M americans out of job, foreign workers to get citizenship LMAO!

    Forget this ever happening in a recession time and not much of a chance in the boom time either, see how the Anti-Immi's will eat everyone up for this ridiculous suggestion, please remember we're nothing in the larger scheme of things for the decision making people, we need to understand our limitation and strengths and play by them, IV does a decent job of that.
    Do think rationally before coming up with ridiculous ideas like giving senators free pizza or asking for-direct citizenship. lol.

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  • whitecollarslave
    03-27 04:23 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.

    There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.

    You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.

    The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)

    I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.

    What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?


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  • CADude
    10-09 12:08 PM

    Friday, October 12 - USCIS Receipting Delay - How Does This Affect You? 2:30-3:30 p.m. EDT

    How Is It Working For You? The CIS Ombudsman’s Community Call-In Teleconference Series

    How to Participate
    To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.

    If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.

    We appreciate your participation in this pilot program.

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  • sc3
    08-20 10:39 PM
    One question to all the smart people on this forum:
    In the old system, if EB1, Eb2 and EB3 ROW are current then "all" unused visa from all the EB category be given to which category first:
    a) EB1 Non Row
    b) Eb2 Non Row
    c) Eb3 Non Row
    d) None of the above

    Now second part of the question is :
    If that category already has enough people in line, will the spillover to the next category will take place:
    a) Yes
    b) No

    Not saying I am smart, far from it (otherwise, I probably would have been eligible for citizenship by now) but USCIS seemed to have given it to the oldest in the line regardless of the category.


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  • SunJoshi
    12-31 01:25 PM
    We are in need of some volunteers/members in the Boston Area to work with some of our PR leads.

    Please come forward to help out.

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  • justAnotherFile
    08-17 03:06 PM
    Here's the trail of events this month for us
    Aug 3 Opened SR
    Aug 4 Called 2nd Level Customer Service
    Aug 5 Online Status Shows Approved
    Aug 14 Approval Notice
    Aug 16 Green Cards received

    End of a loooonnnng chapter and onto next. Best of Luck for all those current and still awaiting approval. Keep following up through all channels and do not give up.

    The cards came in a non-descript envelope that also had a 'Welcome to America' pamphlet. The pamphlet describes where to get information on community services, shopping, housing and jobs!!!! What an irony!


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  • vdlrao
    04-01 07:25 AM

    Not sure whether below information is any helpful.

    My Priority date is : July 2007
    I-140 approval date : March 2009
    Processing : Consular

    Today i received a mail from NVC to pay immigration processing fee of $794.

    Does any ones what is this for ? does it help to know the demand ?


    Somebody please comment on this.

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  • saturnring11
    01-17 09:16 PM
    While I agree in principle to what is being suggested here (I voted for this on Change.gov), I think it may be easier to win this battle with a smaller change:

    The five year clock for obtaining US Citizenship (post Permanent Residency) must start at the time Adjustment of Status (I-485) has been filed.

    For example: If you are approved for Permanent Residency after a long 5 year wait of filing your I-485, you should be eligible to apply for citizenship immediately without a further wait.

    This takes away at least part of the suffering caused for the legal immigrant community. The effect of USCIS processing delays and visa retrogression can be mitigated at least when it comes to obtaining citizenship.

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  • abhijitp
    06-29 04:31 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...

    On Monday I upgraded my I-140 at NSC to Premium Processing category. It got approved in just 3 days. It is not as if they are not doing any work. In fact I checked that the TSC I-140 dates (my successor in interest I-140 is pending here) have moved forward too.

    I think they stopped premium processing I-140's now as they know there will be a flurry of AOS apps, which they would want to look at.

    For the same reason, I think the AILA thing about a new interim bulletin is also a rumour.
    Given a chance though, I would want to file ASAP... who won't?

    09-23 05:26 PM
    i dont think you will see a spike for jul/aug 2007 because thousands of apps got filed then, but this report is based off of the PD, not the date the 485 was applied.

    hope i'm making sense.

    5pm.. time to check out :)

    10-16 02:56 PM
    Not been a close tracker all these years, but it all changed at the beginning of October ;)

    But, both my wife and I received CPO e-mails this morning. No welcome e-mails.

    These are some important events in my journey -

    First H1-B - October 2004 (Company X)
    Labor (regular) filed on Jan 20th, 2005 (EB2)
    I-140 filed in August 2006 (Company X)
    I-140 approval in June 2007
    I-485 filed August 2007 (Company X) (EB2, India)
    Second H1-B in October 2007 (Company X)
    Applied for EADs and APs twice since filing our I-485s (Company X)
    Wife and I had a USCIS interview in July 2009 (Company X)
    One LUD immediately after the interview
    No RFEs ever
    Case status showed up as in the "initial review" stage till this morning when the status changed to "Document Production or Oath Ceremony"

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