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If we knew that DOL would suddenly change the rules..there was no reason for us to apply in EB-3..we could have looked for another job or convinced our manager to apply to apply in EB-2..if the situation could turn so dire as we know now..Now look at the new guys..they will never apply in EB-3..even the lawyers will advise thier clients to apply in EB-2..so the old intrepretation should remain for the older cases and new interpretation for cases when USCIS decided to change the interpretation...
YOU CANT CHANGE THE RULES IN THE MIDDLE OF THE GAME!
There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.
also if there is no middle name should we leave the space blank or write N/A
in 485 in the Address C/O what should we write
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning 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 these petitions.
If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.
Please submit information via email to firstname.lastname@example.org with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.
Thank you for your cooperation.
This is a good news. Do we need to tell individuals who are affected to send email to that email address? Let plan asap.
We have received your case problem. We will initiate a formal inquiry with the U.S. Citizenship and Immigration Services (USCIS).
We appreciate your continued patience and understanding.
Office of the CIS Ombudsman
Department of Homeland Security
did they contact you after this email? or any LUD on your case?
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I have my visa appointment at Mumbai for H-1B stamping on January 10th 2008. Is dealy happening only at Chennai center or it is also happening at mumbai center.
Though Mccain is business friendly. There are talks on CNBC and Wallstreet about rebuidling capital in this country and skilled immigration is part of it. I think Michele..I don't know last name wrote an article in Wall Street Journal Today supporting Legal Immigration , innovation and creating demand for housing in this country. It's the protectionist lobby which is screwing the country.
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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 ?
Though you are processing through consular processing, can you please verify if you have any reasons ( Birth country, spouse birth country) etc.. to get charged against a category that is current now. If so, it is business as usual, else not sure.. you just got lucky your case is approved, but again .. with pre-adjudication, etc.. we never know.. Anything requested from USCIS, do respond in time.... On the other hand makes me wonder, if the EB2 dates can really advance that much ???? Significant forward movement based on other thread... Anyway good luck.
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Hope everyone can do the same. This is an opportunity for us to show our support. Everyone stand to benefit from these admin fixes.
Lets get everyone of our buddies (stuck in GC process) to write a letter to the President.
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Center - NSC
RD - 7/2/2007
ND - 8/4/2007
Opened SR on 8/3 and InfoPass appointment on 8/9 (useless)
Received SR response on 8/11 saying the application is in review.
Seems like SR works!!! Finally something that works!!!
My only confusion now is my application status - "On August 13, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."
I do not know what ADIT means? Did anyone get similar response? What are the next steps from here in your experience? Thank you for the help in advance.
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nice...as always just like our taxes...this will go to the veterans also.
The credit will go to USCIS.
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"Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."
Yes, This comes into picture once company decides to hire. Now hiring is teh last process and beofre that you get grilled in multiple interviews. Employer is tsill at liberty not to interview EAD holder. If you are not interviewed, hiring would not come into picture and hence this text of law in I-9 form is worthless for you for that position. This I-9 text will only cover the situation for the period after hiring not before hiring.
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The employer will come up with many excuses to not interview a candidate or hire. If the law doesn't allow you to discriminate when hiring based on national origin or EAD or whatever, rejecting candidates even for an interview doesn't make sense.
Interview is part of the hiring and recruiting processes. Would you say employers putting a job ad saying we will only interview someone from a particular nationality is allowed?
However, the more important point is we are fighting to get multi-year EAD in IV among other things. The law doesn't allow discrimination based on EAD for hiring. Let the govt lawyers and employers figure it out if not even interviewing candidates because of EAD comes under the purview of hiring or not and if it is legal or not.
Hope it helps!
I was transferred to stage 2 IO. He was indeed one of the nicest and patient one to listen to my woes. Anyways.. after taking down my entire details including FS,LS,DOB, Address, Mailing date, Zip, Location, email add and misc things... he successfully emailed and inquiry notice to NSC requesting a followup on my pending application. He said I shd be hearing back from NSC shortly, since an inquiry is generated now by him. When I asked him, if this is going to jeopardise my application in any way and he said... no way since we are just trying to find out the fate of the application pending.
Thats all I had to share for now. Pls. pray for me and my pending application to be successfully processed.
Thanks and hang in here (I am 2)