priti8888
10-08 08:34 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
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blacktongue
11-18 07:28 AM
Leo,
Just so that we are clear, please note that signing online petitions doesn't mean anything if there is no matching advocacy. Timing of the activity is also very important. In the end, advocacy and grassroots effort must compliment each other at the same time. The website you are referring is an advertisement website. Its not a resource for serious advocacy effort.
The Congress is right now focused on DREAM Act. If we just say "Erase Green card backlog", it will mean nothing. But there is a chance if we send specific targeted message asking to include specific provisions in the bill that appear to be moving (i.e. DREAM Act in this case), and IV is complimenting this message with the advocacy on the ground.
Just sending random email from some online advertisement for profit website does not mean anything. We think that some of these websites are just collecting your Email and Home Address, which they could sell for making profit.
Immigration Voice would like to request its all members not to send out random messages from advertisement websites because such messages are out of sink with reality. Please participate in the well defined and targeted 'Action Items' on IV.
Team IV
These best and brightest people are idiots. On other website they blindly doing. Shows lack of brains. If sending email will get greencard, then all lobbyist to stop business and only run email company.
Just so that we are clear, please note that signing online petitions doesn't mean anything if there is no matching advocacy. Timing of the activity is also very important. In the end, advocacy and grassroots effort must compliment each other at the same time. The website you are referring is an advertisement website. Its not a resource for serious advocacy effort.
The Congress is right now focused on DREAM Act. If we just say "Erase Green card backlog", it will mean nothing. But there is a chance if we send specific targeted message asking to include specific provisions in the bill that appear to be moving (i.e. DREAM Act in this case), and IV is complimenting this message with the advocacy on the ground.
Just sending random email from some online advertisement for profit website does not mean anything. We think that some of these websites are just collecting your Email and Home Address, which they could sell for making profit.
Immigration Voice would like to request its all members not to send out random messages from advertisement websites because such messages are out of sink with reality. Please participate in the well defined and targeted 'Action Items' on IV.
Team IV
These best and brightest people are idiots. On other website they blindly doing. Shows lack of brains. If sending email will get greencard, then all lobbyist to stop business and only run email company.
forever
08-03 04:11 PM
HelloGC07,
Which state do you live in?
Which state do you live in?
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permfiling
05-08 03:17 PM
You can still go to court against the congress, that is what is the freedom of constitution in this country.
Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?
Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?
more...
cr52401
06-09 07:11 PM
My recipect number start from SRC. whrere is that center? I thought texas starts with TSC.
h1techSlave
05-01 09:43 AM
One of my friends was a plaintiff in the lawsuit that you mention. As you mention, USCIS quickly approved all cases. So didn't the plaintiffs won the case?
I hope our potential lawsuit will have a similar effect. We file a lawsuit saying we are discriminated based on country of birth. USCIS opposes the lawsuit, but quickly approves all our 485s. We both win in that situation.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
I hope our potential lawsuit will have a similar effect. We file a lawsuit saying we are discriminated based on country of birth. USCIS opposes the lawsuit, but quickly approves all our 485s. We both win in that situation.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
more...
dicarol18
08-13 02:48 PM
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
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GCStatus
09-16 06:07 PM
Nothing really matters as of now, what does matter is this
http://immigrationvoice.org/forum/showthread.php?t=21393
So Please Call
Tell us to call, DONT TELL its doesnt matter
http://immigrationvoice.org/forum/showthread.php?t=21393
So Please Call
Tell us to call, DONT TELL its doesnt matter
more...
the_jaguar
12-12 09:04 PM
If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.
Actually, it was an exceptional situation. As you are well aware of, we had to get an unanimous consent if the skil bill were to pass in the LD, so, we needed to have Session's approval. To deflect the situation, he just said that his office hadnt received any positive comments.. When we ended up jamming his phones and gave all the positive comments, what came out of that, nuthing.. he did not budge from his stance.. It was just a ploy and even if the entire US of A had called him, he would not have changed his stance.. He had to score brownie points from his supporters. He knows that the Skil bill will be passed next year, and may be some form of CIR even.. He can then blame it on the democrats and stand for re-election in 2009 with complete support from his supporters..
Its all a gimmick for votes. This is politics, same thing in every country, just more sophisticated here...
Actually, it was an exceptional situation. As you are well aware of, we had to get an unanimous consent if the skil bill were to pass in the LD, so, we needed to have Session's approval. To deflect the situation, he just said that his office hadnt received any positive comments.. When we ended up jamming his phones and gave all the positive comments, what came out of that, nuthing.. he did not budge from his stance.. It was just a ploy and even if the entire US of A had called him, he would not have changed his stance.. He had to score brownie points from his supporters. He knows that the Skil bill will be passed next year, and may be some form of CIR even.. He can then blame it on the democrats and stand for re-election in 2009 with complete support from his supporters..
Its all a gimmick for votes. This is politics, same thing in every country, just more sophisticated here...
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cjain
11-01 05:42 PM
i work for big company...and i have paystubs...
in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...
i am beginning to see light at the end of the tunnel...:D
in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...
i am beginning to see light at the end of the tunnel...:D
more...
zoooom
07-19 07:39 PM
Done
Also..How can we let other members know that a thread like this exists...
Also..How can we let other members know that a thread like this exists...
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pd2001_12
09-10 02:15 PM
I agree that we need to strengthen IV by contributing our time, money. But, to me it looks like most of the successes(how small they are) of IV are making EB3 suffer more. Not anything against EB2 guys, don't start a war please. I think IV should concentrate more on EB3. I have seen vocal EB2 people writing against EB3 in these forums. But do we really have to suffer like this?
I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....
I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....
more...
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avi
12-18 03:48 PM
anyone from July2 filers here waiting for FP notice still?
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
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bindoke
08-24 02:48 PM
did you get this approval from TSC or nebraska??
Nebraska
Nebraska
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immig4me
02-04 03:59 PM
/\/\/\
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clear485
08-18 01:21 PM
What are reasons .. as to why it cant be solved by lawsuit ?? Are u afraid that they might stop processing any I-485 applications for EB2-I until the lawsuit gets resolved ??
I'm ready to join in the law suit....
I'm ready to join in the law suit....
more...
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Rohan99
10-12 12:42 PM
Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.
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eastindia
01-14 09:58 AM
Has anyone been checking all the predictions if they are now true after 4 months?
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srkamath
08-10 01:10 PM
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
mita ! Relax.....:)
Even a credit card bill takes about a week to reach you ! You will definitely get his card next week, i'm sure you and child will also get approvals soon. At least there is movement on your family's case.
Thanks for promptly reporting your approvals and for the updates.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
mita ! Relax.....:)
Even a credit card bill takes about a week to reach you ! You will definitely get his card next week, i'm sure you and child will also get approvals soon. At least there is movement on your family's case.
Thanks for promptly reporting your approvals and for the updates.
senthil1
05-11 07:24 PM
In countries like Europe people need not come USA just for survival as that is a developed country. Also if they have to wait 10 years to get GC then no Europeans will apply GC as GC is not that much importance. USA will lose them. But it is not the case for indians. If you go out of country then hundreds of people are waiting to take your position in next flight in India. May be in future if Indians also does not bother about GC USA will come and give GC fast.
Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
maag
05-30 12:12 PM
Thanks Marty for all the advice.
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