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  • gottagc
    05-18 01:07 PM

    05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions

    USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.

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  • snathan
    09-23 05:06 PM
    If these are pending 485 applications at USCIS, Number of pending applications with PD later than JUL 2007 should be zero.

    If these are labor filings, they probably dont include dependents.

    What if its RD and not PD...?

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  • starscream
    04-24 05:04 PM

    But couldn't make out if it would apply to new H1B applications or new and H1B extensions.

    If anyone can throw some light on this please do..

    Link ( for full text of the bill.

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  • royus77
    06-20 05:15 PM
    please clear the doubt .. Affidavit of support is it I-134 or 864?

    Its I-134 document


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  • wandmaker
    08-07 12:21 AM
    I could not resist from writing this post-

    A fisherman is selling two baskets full of crabs. One basket has a lid on it, the other doesn�t. An inquisitive buyer asks him why this is so. He smiles, pointing to the covered basket and says, �Well I have to cover this one because if I don�t, the crabs will all climb out�. �Why not the other basket then?� persists the buyer.

    �You, see, they�re Indian Crabs - if one tries to climb out, the others will pull it back in, hence there�s no need for a lid�

    Concentrate on action items and work harder than ever, which can bring a great relief to entire EB community. It does not matter how many times we failed or succeeded, every attempt we are an inch closer to our ultimate (IV) goal.

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  • puddonhead
    08-31 12:42 PM
    Okay - so anybody needs referrals? Please ping me.

    I will donate $25 to IV for each referral that I give (and hence earn 2 months). And anybody I refer will also get 2 months free service.

    I will also request anybody else using referral to donate $25 for each referral you get or give.


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  • anilkumar0902
    08-17 02:17 PM
    Hopefully, my next posting 'll be after I get cards in hand (hopefully, those are waiting for me in my mail-box, today) this evening :D:D

    And that date will be on....:D

    Just kidding..


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  • drona
    07-10 11:52 PM
    Murthy Law Firm reports the Flower Campaign on their website:


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  • desi3933
    06-16 03:18 PM
    Desi, that is a question to OP who is shouting that for sure l1 violation happened. Why are touching your nose? :p

    But you have put your post in the forum and in this thread. You didn't send him PM.

    It seems, you have no answers to my questions in mentioned in the post. That's why you have chosen personal attack.

    Have a good day!

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  • gc_chahiye
    06-24 04:53 PM
    I have direct responses from Murthy and Rajiv Khanna now . Plus 2 other american lawyers I know. The answers have variations. I'm going to do my own research and would encourage others to do the same before coming to a conclusion on this.

    If you have asked this question to your own lawyers about multiple I485 filing, please post them here.

    Members can then look at all the information and make their own decisions.

    for all those whose lawyers allow multiple filings: what are you filling in for I-485 Part 3 section A "Have you ever before applied for permanent resident status in the U.S"?

    In my case both applications are proceeding in parallel and I dont know which lawyer will end up filing first!


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  • gc_chahiye
    06-29 06:03 PM
    I have a few theories on this. This is meant just to open discussion.

    1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
    The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.

    thats possible. I thought the Ombudsman also said something to this effect. that these three (DOL/USCIS/DOS) dont talk to each other as well as they should. Also, apparently visa dates are set by ONE person who does all the number crunching. that seems to be weird. There should be a more transparent mechanism of doing all this.

    2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.

    the U two years ago was apparently because USCIS somehow used up more visas than they should, and ate up all the numbers from the next quarter. Apparently that was the only year they did not waste visa numbers.

    I guess hte only reason they dont want applications IN the system is because it looks bad on them (# of backlog cases); otherwise whats the harm: take the file and stick it on a shelf. As the applicant keeps coming back for EAD/AP
    keep milking them for money. win-win.

    3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.

    Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.

    I would think its #1. The miscommunication across these govt. bodies. We pay the price, there will possibly be a lawsuit (which will be quickly settled) and some heads will roll.

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  • seekerofpeace
    10-05 09:30 PM

    Thanks for your wishes. As much as I feel it as a journey I still consider myself lucky seeing so many people with PDs earlier than me both for EB2 and EB3 still languishing. We all consider FIFO to be fair and it is hard for us to decipher why it is not followed by DHS.

    My suggestion to you all is that if you are told that your case is with an IO ask him or her if an email can be sent to that IO that you are concerned. This is exactly what I told Janet on Friday, one of the good CSRs from TSC. I had told her that knowing a case is with an IO is of no help to me if that IO is on vacation or is sick or is not aware that the case is current.

    Also if you guys had followed my never ending streak of mails, I had mentioned that my wife had got a call from a CSR at DC probably in response to her SR that I opened or my concerned and frustrated mail to Napolitano...she was told that her case is with an IO and that since the case was transfered her Biom had not been uploaded and that she is ordering new Biom request and she should get it done...I had told her that by the time we receive it the visas may be over and also how come I am approved....moral of the story is "THEY KNOW NOTHING" as Jim Cramer used to say.

    The only person I found reliable was this Ms Beck at TSC who I was fortunate to get hold of exactly 2 weeks back and she had told that we don't need new FP and Biom it just needs updating by the IT dept and she is sending a request to that effect...I had asked her how long should it take and she had told me 2 weeks..she also told me you will get your card b4 your wife.....and she may be a bit delayed but will get approved.

    So guys from TSC keep trying and hope to get this Ms can alway ask the person's batch number and name and don't waste your time if you get someone else.

    All the very best and hang in there...



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  • calabor2001
    02-27 03:12 PM
    Mamit: Take a deeeeeeeeep breath! Good for you that you are dealing with this right at the start of your career. Get all the bad stuff out upfront. I have a family and life to take care of in the US and I am stuck in this crap since Jan 7th. It is extremely hard and frustrating - but there is simply nothing that you can do about it right now. So, relax and wait it out.

    The PIMS stuff is all messed up and iff you have a common name, your lottery for "Security Clearance" may have come. That would significantly add time to it. If this is your first stamping - the chances of rigorous checking is higher - although that is not always the case.

    It is easier said than done - but seriously, let the life take its own course, this too shall pass and soon!

    Good Luck and cheer up!

    Thanks Bpositive. Actually this time I asked my friend in US to call DOS, and he used the computerized answering system with my petition number and they did say that my H1-B petition has been approved. I don't know if I mispronounced/mistyped anything when I did it last week, but at least now I'm sure that it is on DOS' system. Thats the same thing I heard when I called KCC, that my petition was approved in April 2007. Or maybe I should've asked them if they've access to PIMS. It's frustrating man, I never thought at this stage of career, entry-level that is, I will be stalled by things like this. Well I hope in the end I can find a rational explanation to why things turned out the way they did.

    For the new folks in the forum, its been 75 days and am still waiting for my H1 visa. I guess I should also talk to that Mexican Emabassy and see if my case shows up on the PIMS or not. The only problem with New Delhi embassy is that when I call them, all they say is that the case is still pending, and nothing else. I don't even know if I should curse them for being incompetent, or maybe that is all their job entails (I'm not being condescending here). Is it advisable for me to go to New Delhi personally? This is a mess, but as long as its in God's design, I'm ok with it. I just don't wanna feel later that if I had done this ... blah blah, then I could've expedited the whole stuff. That'd be a bummer. Well at least I need to be focussed and keep my head straight. That I can control, and thats what I'm taking solace in.

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  • sai
    01-20 08:27 AM
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  • stuckinretro
    02-19 03:18 PM
    Wanted to update on my Infopass appointment, I have multiple 485's pending based on separate 140's(one approved and other pending) with different A#'s and at different service centers. So was bit concerned. The IO informed me that all my 485's and 140's have been consolidated and all applications are in the same file at one service center so nothing to worry about. She also told me to use the A# from the first 485 for future communications with CIS.

    People who have multiple 485's pending, my word of advise is its not a problem. CIS takes care of it. And this is true even if you have different A#'s.

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  • ujjvalkoul
    06-25 06:14 PM
    Yes, everyone is helping with some advice and help in this crucial time is indespensible. Kindly continue to support the community that allows us the opportunity to share our view and thoughts in a common place....
    Thx to IV.


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  • gc_on_demand
    09-16 11:33 AM cliclk on hearing related to FBI

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  • Bpositive
    03-25 03:30 PM
    Either employers think EAD is the student EAD which needs to be converted to H1 or they are ignorant.

    My suggestion would be to not bring it up....and if it does come up tell the employer that you have work authorization and that the employer doesn't need to do anything. If that doesn't work, then someone is actively discriminating...

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  • hibhagya
    06-25 03:22 PM
    Hi everyone,

    I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be nice.


    Call IRS they will send your return in a week though they say it takes 3 weeks to recieve your return.

    06-25 01:02 AM
    cannot locate my wife's OPT card from 2003
    all other documents for status are available
    how important is that card?
    any way to get a duplicate/copy??

    you might be able to get a duplicate by contacting the college/university.

    my case is somewhat similar, but I dont have that option: I was on L2-EAD and I cannot find that damn EAD card (needed for filing EAD based on I485). However I do have the older I-797 so can atleast prove status...

    06-18 12:10 PM
    A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.

    Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.

    Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.

    Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.

    So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).


    Seems what you are talking makes some sense. i didn't think that way. I would just follow my attorney's recommendations to send only what is required.

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