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  • rajuseattle
    01-14 07:11 PM
    Mohican,

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.




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  • mihird
    07-17 03:33 PM
    If this government doesn't wake up and solve this problem in a year or so, I don't think, this country deserves me, or for that matter any graduate degree holder.

    Better off utlizing the skills I have acquired here, and spending my next 5-10 years contributing to India's economy. Maybe start a company or something...create jobs out there, and then as and when the laws straighten and America becomes welcoming to EB talent, think of coming back (if ever....)




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  • ArkBird
    09-05 12:48 PM
    Hey guys, let's each try to change at least 10 minds between now and the rally! That would bring us great success!



    Add 1 to counter. I am in from California...




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  • urwelcome
    10-19 09:34 PM
    Pmmo,
    Did you recieve 485 approval notice? What was the PD in that notice? When did you filled Labor and what is your EB category?

    Thnaks



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  • GCBy3000
    07-21 10:58 AM
    I agree with what you say. Yes, backlogged victims need some justice at this moment, otherwise there it is morally not good for everyone.

    1. Why don't we petition first before thinking of Lawsuit. We from IV should write a letter to USCIS stating the injustice brought to the backlogged victims and how it is mentally affecting them etc. We should ask USCIS to consider these things and come up with a solution for backlogged victims instead of threatening DOS and others with Lawsuit. Since we are at their mercy, there is nothing wrong in keeping them higher up and at the same time getting what we want.

    2. If the petition did not work out, then we can think about some suit. Still I don't agree with any suit as it is not going to bring justice. By the time the suit clears, you will have your GC in hand.




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  • eb3_nepa
    12-01 10:42 AM
    I like the idea of the flower and pic of Gandhiji :)

    The hunger observance sounds very similar to the rally that i had proposed and QGA did not like that.



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  • santb1975
    04-28 11:33 PM
    We are at 6186 now

    Total amount: $100.00 USD

    Thanks




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  • rennieallen
    09-29 06:36 PM
    then why are visas about to be wasted yet again this year?
    after...they said all numbers were exhausted on July 2?


    Because of NC what else?


    i think it's not quite that simple.
    there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.


    Sigh... it's never simple...

    That said, NC can account for nearly all of the wastage. Think about it, let's say the processing time is 120 days (well within target, and not at all bad for a government agency).

    OK; recall that you can't apply until your PD is current (read this sentence again, this is a critical element of the problem).

    Application #1 (made in first half of year, visa tentatively assigned from current allotment year) -> PD current, goes into NC.

    Application #2 (can't be made in first half of year, because PD is not current, visa is not "tentatively" assigned from current allotment year, since it isn't expected to complete within the allotment year) -> PD becomes current in July, NC happens quickly.

    Application #2 takes 120 days to process (better than target), but that means that (as expected) it isn't ready to be assigned a visa until after the next allotment year (so far so good, USCIS has accounted for this, and doesn't expect it to consume a visa from the current allotment year).

    So application #1 couldn't consume a visa because of NC, and application #2 fell into the normal processing time, but this pushed it into the next allotment year (again, this is expected).

    Early in the next allotment year Application #2 is approved, and consumes one visa from the next allotment year.

    Application #1 is where the actual wastage occurs, since it is expected that an application filed in the first half of the current allotment year will consume it's visa within the year (and given USCIS processing time it would have, but it was stuck in NC).

    So at any time, the USCIS is processing applications within their target processing times, but because of the fact that you can't file until your PD is current, the applications that would have been able to have consumed the visas that were not consumed due to NC delays, couldn't because their "normal" processing time put them into the next allotment period.

    So why not let people apply before their PD is current then?

    The reason USCIS doesn't let you apply before the PD is current is because there aren't enough visas and they would currently have ~3M applications in process, many of which would be abandoned prior to approval (due to the long delays, caused by lack of visas).

    So, because of the insufficient numbers of visas, USCIS has determined that it is more efficient to restrict application until the PD is current; thus insuring that most of the applications that are going to be abandoned, are abandoned before they are filed (therefore reducing load on the USCIS). This seems like quite a logical decision given the constraints.

    I am willing to bet, that the net result is that the USCIS can actually approve more 485's in an allotment year by wasting some of them at the end of the year (which occurs primarily as a result of the fact that USCIS can neither predict, nor influence NC duration), rather than dealing with the huge inefficiencies of having millions of applications on file (which would, however, insure that there were sufficient processed applications to consume all visas).

    If either NC were predictable (and quick) or there were sufficient visas in each allotment period to meet demand, then there would be no wastage. You can beat on USCIS all you want, but they simply cannot control either of these factors...

    Like I said... it is never simple...

    Now, this thought is hardly original (I think that everyone who has looked at this problem comes to the same conclusion), but I think the most practical solution that we (as customers of the system) can suggest, that will provide partial relief (and has some chance of happening in our lifetimes); is to get congress to pass an amendment for automatic reclamation of visas from prior allotment periods. This would mitigate the problem of visa wastage, as this will allow a substantial portion of what would have been wasted visas, to be consumed by the applications who's PD became current in the second half of the allotment year, but could not be processed (due to normal processing time) prior to the end of the allotment year. Perhaps this reclamation could be restricted to applications filed in the allotment period from which the visas are being reclaimed (if this somehow made it more palatable to congress).

    Of course, this does nothing to solve the problem for those individuals stuck in NC who are effectively "donating" their visa to individuals who aren't stuck in NC. Perhaps they will feel better (I seriously doubt it though) knowing that the visa that they didn't get this year, was not wasted...


    my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!


    In Canada this would be expected to take 8 months to process. Like I said, the USCIS is quick relative to other bureaucracies...


    uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.

    just my 2c.


    I am certainly not asking you to defend them.

    This isn't about defending or attacking USCIS, it is about determining the root cause of the problem, and doing that requires an emotionless analysis of the facts.

    I have had IO's who were complete dorks (refused to admit me with a perfectly valid visa), but really, what impact does one dork IO have on the big picture? Absolutely nothing I suspect (and to be fair, the vast majority of IO's that I have dealt with have been very decent human beings).



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  • PlainSpeak
    03-28 05:10 PM
    .




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  • piyu7444
    03-20 10:01 PM
    Thanks piyu7444.

    Yes there is and it is called visa portability. :)

    Ok, Here's the law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference

    Good information but 'transfer' is a widely used word which is technically incorrect. "Transfer" never happens, its always a NEW PETITION when one switches employer or applies (through an employer) for authorization to work for new or 2nd employer. Probably 95% immigrant community including lawyers use the term 'transfer' but it is indeed incorrect.



    Thanks to all who shared knowledge and pitched in.



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  • eb2_immigrant
    10-19 05:19 PM
    Hi All,

    I am planning to apply for PIO card for my son born in last month. I would like to send the documents to CGO Houston. Can you please suggest what are the documents should I send. I see the information in their website but looks confusing regarding orginals or copies.

    Thanks !
    I received PIO for my son last week; here are the documents I sent.

    1) 2 Photos only, Yes just 2 not 4, there are several discussions about it but 2 worked for me.
    2) My passport photo copy (first and last 3 pages only )
    3) My wife's passport photo copy (first and last 3 pages only )
    4) My kid's US passport photo copy (first and last 3 pages only )
    5) My kid's birth certificate photo copy.
    6) Utility bill (electricity original)
    7) $185 cashiers check
    8) $20 bill
    9) Application form.


    All the photo copy documents were notarized including birth certificate.
    Thumb impression of my son on the application form (on first and second page).
    Parents singature.

    And that�s pretty much it ...got the PIO in 2 weeks. I did send email to check on the application after 1 week of applying, but there was no response from the SFO office.

    Hope this helps




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  • what_now
    05-24 07:38 AM
    bump///



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  • spicy_guy
    05-28 03:37 PM
    If someone has account in .com, please post this link there.




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  • andy garcia
    07-26 08:01 PM
    140 Filed 7/17/07
    Reached NSC 7/18/07
    Check Cleared 7/23/07

    I have not received the Receipt Notice yet.
    On the back of the cleared check, I see some numbers but not sure which is the receipt no. Does it start with LIN followed by 10 digit number? Or, is it 12 digit number with no letters?

    A) LIN followed by 10 digit number

    Something like LIN 07 XXX 5YYYY

    LIN = Nebraska Service Center
    07 = Fiscal Year 2007
    XXX = Number of computer days since October 1, 2006
    5YYY = CIS control number



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  • snathan
    07-22 11:29 AM
    "exactly because of these rude attitude of hindi people i never speak hindi."

    this is the choice you're talking about? :d

    yes...so what




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  • gg_ny
    09-20 02:35 PM
    .... difficult in a mass rally where huddled masses are easily seen as being the downtrodden.

    Hope this mail was not in response to my earlier posting. If so, I would delete my earlier posting as this one from
    'husamymd' stinks. Is it always like this or just when your brain is used?



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  • newuser
    05-19 06:25 PM
    $50
    Transaction ID: 17E46246H1528525U

    Really appreciate the effort !!
    Go IV !!!

    One quick point please...when I was about to pay it said
    "To account for your contribution with you handle, kindly make sure that you are logged-in Immigration Voice"

    What does that mean ?

    When you logged in using your IV username/password(handle), then admin's can track who made that contribution.




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  • deba
    08-20 11:25 PM
    I did the same thing for my PIO card from Houton consulate. Included the $20 fee and received my PIO card within a week by FedEx.




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  • lotsofspace
    03-14 02:12 PM
    EB3 (India) moved 2 months. Good news. But then?
    What you expect for Eb3 guys? What may be the trend in coming months?

    2002....2003....2004.....?

    Indefinite wait for another miracle or a goof up (By CIS to make all current) :)




    snathan
    05-14 09:05 AM
    Thanks for doing this.

    I was interviewed by a reporter from the LA Times yesterday, so expect more articles to follow.

    Do you have any contact details for this person. I dont mind for any interview in this regard. I fully support you on this...




    JunRN
    06-30 06:39 PM
    That one in Murthy's case was that the person would be in better position if i-485 is not approved because PD is not current.

    Reason is that once the i-485 is approved, his H1 status is gone. Since his wife was on H4, it is automatically cancelled. Since she had not yet filed i-485 and can't file it being PD not current. she had to return to her home country.

    That will result to being separated from her husband for a long time. Therefore, it is better for both of them to be in H1 and H4 at that particular instance.

    I hope this is not the same case with the OP of this thread.



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