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  • mirage
    07-05 12:38 PM
    Yes, They always do that. I did fill that form for my Senator and congressman when they did inquiry for my application in the backlog center.
    I sent faxes to my senators and congressman on 2nd july. But haven't heard back from them. When they'll reply they will send me the same form.

    I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?





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  • skv
    06-22 11:18 AM
    Mine is filed on May 14th at Atlanta :-(. My employer told me that off late it's taking anywhere between 90 to 120 days.

    But I hope I can beat this time after 5 long years. :-)

    Cheer up guys, nothing to gain being sad. :-)





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  • Milind123
    09-12 07:58 PM
    I was at SJ rally and it was an awesome feeling to participate and hear all the honks.
    Unfortunately cannot make it to the DC rally, but have been spreading the word through emails and diggs.

    Milind i have contributed $100 now.
    paypal transaction id: 88886835PG920640K
    Thanks for your support.

    Thanks for your contribution.





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  • desi485
    11-26 01:19 PM
    Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal

    ***********
    CIS issuing illegal AOS denials based on I-140 revocations

    Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
    These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
    been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
    continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.

    Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.

    *************************

    Hmmm....I am still wondering...

    1> How much money an applicant will spend on MTR? on self, on dependents?
    2> How much money an applicant will bleed to move to US District Court?
    3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
    4> if he looses EAD job, will CIS again punish him for not having a job?
    5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
    6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?

    (sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)



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  • austingc
    05-14 10:06 AM
    Hi

    BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them

    Chandana
    Chandsri,

    Do not worry, that is one of their procedures. They just go by the rules and documentation set by the underwritter. If you have your valid EAD and explain to them that you are currently on AOS status then it should be fine. If they said that we can not provide your loan because your I-94 is expiring soon, then just let me know and I will send you the loan officer's contact name that I dealt with.





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  • Milind123
    09-12 11:18 AM
    Thankyou satyachowdary and sameold.
    All, please remember my intention is to motivate the people who never contributed and who start
    a $50 monthly contribution at least for six months. Also don't forget to PM me when you
    start your monthly contibution.

    Anyway good start. satyachowdary and sameold please consider monthly contributions.


    Here are my details

    Order Details - Sep 12, 2007 11:34 AM EDT
    Google Order #365470411117583

    Sorry forgot to mention the amount of $100.



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  • tapukakababa
    03-10 01:33 PM
    I have some questions?

    1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
    2. Can I have a second job in my wife's company and retain the original job?
    3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
    4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?

    Thanks.

    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:





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  • vandanaverdia
    09-10 01:36 PM
    Thanks guys for your contribution. Appreciate it. Would have loved to see you in DC.

    Please support IV in the cause....
    Come to DC....



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  • Milind123
    09-16 10:06 AM
    Thank you karan007, pvhemanth, zappy, dvrao4, lp2007 and permfiling for the contributions. I am so happy that we were able to conclude this round with the help of only the junior members. Some of you have not posted much. Obviously, you found lot of things on this site that piqued your interest. I appreciate the fact that you did not hesitate to pull the trigger. Because of you, we can close this round and move to the final round.

    I hope the final round starts with a person who visits this site regularly, find helpful suggestions and tips, and is generally happy with things moving in the right direction and knows IV is an important part of this process. Even though he supports the rally, he cannot come because he probably lives on the west coast, but would have definitely attended the rally if he or she were working in NJ, MD, PA, VA or any other neighboring states. He doesn�t have many questions to ask, but once in a while she does have a quick question, but rejects that idea because of the process involved. She knows that a user id is required to post any questions.

    I am taking about the guest users who were visiting this site at 3:30 AM EST last night. Unless you are in Hawaii, it was rather late for you, even on the West Coast. Obviously we have things in common, that�s why we are communicating (At least one way; I writing and you reading). We also would like to read what�s on your mind. So please consider becoming member and start this round by firing the first shot.





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  • pappu
    06-10 01:18 PM
    The best way is this .

    1) Apply labor and I140 .

    2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .

    3) Return to Booming India and have fun and make money . Raise kids . Change jobs .

    4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D

    5) Retire in the USA in instead of India . :D

    Advantages
    **********
    1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )

    2) Give kids the Indian upbringing .

    3) Enjoy with your family , friends and relatives

    4) Come and back and retire in USA after retirement .

    Why?
    Is retirement better in USA?
    Just curious to know the reasons.



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  • CantLeaveAmerica
    04-01 01:26 AM
    We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.

    Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.

    That's exactly the point..USCIS is HEADED by fools...the problem lies within...the heads dont really care if their staff is underpaid and over-worked..but the fact of it is that they just don't have the money nor manpower to get the work done. When USCIS adjudicated all those cases in 2002, it was not of their own volition but because Congress mandated it..6 years later they dont care for the immigrants..u think they'd (policy makers) care 2 hoots for the the USCIS officers...just take a look at the Infopass centers...from my experience I havent seen more than 2 officers helping customers at a time..no money..no manpower





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  • chanduv23
    05-15 10:23 AM
    Trust me your frustration is understandable......

    Guys,

    1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
    2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
    3. Attorneys are making money on these cases

    In the end we the immigrants are the losers.

    Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,

    We need to increase the awareness.

    We do not want to get to a point where we may not utilize AC21 properly.

    thanks

    I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.

    First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.

    In your case, i think, you also have to at the least send an email to the Ombudsman.



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  • mirage
    08-04 05:20 PM
    When you get the letter ready we'll send it again. It doesn't hurt to send them the letters 100 times.
    I believe in 1 thing.... Is the media(in this case letter) imparting the message ? If the answer is 'Yes', we are done!!!!
    Trust me my friend, spellings commas and fullstops doesn't matter...If you need to send out a message send it ASAP...
    mirage, I am not trying to turn down this effort. In Fact, I have sent at least 50 letters as part of IV campaigns and I have written so many on my own. All I was saying that we need a professional letter that will have better impact. Once we have the letter ready, I will be the first one to send it out.





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  • mirage
    08-04 10:19 AM
    I would request everybody to send out the mails ASAP. This will certainly help....
    ----------------
    Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...

    -------------------------------------------------------

    To, 08/05/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072



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  • somegchuh
    01-02 06:43 PM
    Folks,

    I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?

    I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.

    Thanks





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  • akgind
    07-13 10:31 PM
    I am in a similar situation, not a lawyer, but worried about my children's future and trying to do what we can to help everyone with the same issue. Can you provide details of the changes in cspa that you have proposed? CSPA and Dream Act are two channels that may benefit our children. If I can understand what your efforts are in respect of CSPA, we can figure out what we can do.

    Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa



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  • needhelp!
    09-10 08:08 PM
    20000 more to go!

    Checks and bill pay please send to:

    Immigration Voice

    PO Box 114
    Dayton
    New Jersey -08810

    Telephone: (202) 386-6250

    Please post here when you contribute.
    Its great to see the progress and it encourages others to step up and do the same.

    WE CAN DO IT!!





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  • diptam
    08-11 04:14 PM
    I've made some date changes to the NSC letter - rest are all absolutely same. It's good to know that this letter does NOT need to be signed by Employer. Lets wake up friends !!!!!!!!!!!!!!!!!!!


    From,
    ABC XYZ
    Address:


    To,
    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Dear Mr. Ombudsman:

    Re: I-140 processing delays at NSC for Apr - June 2007 non-concurrent petitioners

    I submitted an I-140 petition for an employment based green card to NSC during the May 07. I have been waiting for more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around Mar 22nd 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their Approvals) that NSC has been processing & approving cases filed post August-September 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

    This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition (based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.

    Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.

    Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

    Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

    I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during Apr-June 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

    Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

    Sincerely,




    ABC XYZ
    Phone : -
    Email : -
    Address: -

    Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.





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  • sunsuri
    07-04 06:10 PM
    It would be helpful if you few addresses for senators so that everyone can send letters right away.





    peyton sawyer
    08-02 08:25 AM
    hi..

    was just wondering if they say that uscis will accept applications until aug.17, is it also possible that NVC will continue to assign visa numbers until aug.17?

    need your opinions pleeezzz..thanx





    gccube
    07-18 04:15 PM
    Assuming that the date is retrogressed from 'C' to 2000 Jan, they start accepting the AOS apps with that PD and then do we assume that they are also working on them or say they donot work on it until the receipt date becomes current.

    If the answer to the question above is 'NO' (that is the receipt date has to become current to adjudicate an AOS app, ofcourse PD has to be current too) then why is that USCIS accepting apps with a specified PD cut off date. In this case I am not looking at the people who are already in the room but am wondering why they are letting more people into the room, particularly when there is no room.

    If the answer to the question above it 'YES', that means PD does play a significant role in the AOS adjudication process when there is retrogression, in my opinion.