Sunday, July 3, 2011

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  • Dhundhun
    10-07 07:37 PM
    Leo & Dhundhun,
    If it AP is not a immediate necessity, I will wait for few weeks and hope for the best.........

    It is not immediate necessity, but most of the family in India, son in Canada - it is for any unforeseen situation.

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  • pappu
    06-21 08:15 AM
    If you have other answers from lawyers, you can post them. Make sure to post the lawyer's name. Do not post your opinion. Post legal advice given to you by your lawyer, with the lawyer's name. This will help members get accurate advice and not opinions.

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  • suriajay12
    03-12 07:53 AM
    Looks like this thread is dying.. Is Sarala who created this, still around???

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  • JaiHo
    09-24 02:42 PM
    If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
    NACARA program = 40180-5000=35180

    (refer Visa Bulletin October 2009 (
    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)

    deduct 15% for consular processing = 29903

    again consider 5 different Chargeability Areas
    such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980

    Worst case scenario, USCIS will have 5980 visas available for FY 2010.
    Now, if you compare data published by USCIS on pending cases can we guess
    we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?

    Is it fair assessment?


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  • optimystic
    08-21 08:30 PM
    I think the division of Eb2 and EB3 will be over when oct VB comes. Mostly Eb3 will go back 2003 or 2004 and Eb3 date may be 2002. At that time there will be unity.

    The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.

    I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2

    What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.

    The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.

    Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.

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  • vg1778
    09-26 03:21 PM
    Guys just want to appreciate the efforts by different members here. At least it gives a sense of support that you are not alone in this whole fiasco when you hear around you people getting their FP or EADs and you are left feeling frustrated and anxious.
    This forum actually has become quite important and please keep on posting details and updates.
    Wishing that it ends soon for all of us and ease our anxiety.



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  • looneytunezez
    01-29 06:24 PM
    OK....wait till next week for an outright refusal on EAD.
    once that happens.....explore the option to file suit......

    they first stated that they had instructions from their legal team that they have too much hassle with EADs causing problems, so they dont hire ppl with outside EAD. When I asked them to reconsider they said I dont know for sure, lets see what the legal team says.

    It seem to me that this hr person did not make up the refusal on their own, but had previous precedents to go by or had been given explicit instructions.
    My fear is that they will come back with a clearer explanation of why they cannot offer employment based on the EAD.
    I am getting really really upset about this. If I had known about this EAD refusal thing I would not even have gotten out of H1 and would have continued to work...

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  • chanduv23
    11-06 01:46 PM

    I sent the letters and also invoked the AC21 through a lawyer a month ago. However, inspite of all this, I see a new update for my 140 petition today -


    Current Status: Withdrawal Acknowledgment Notice Sent

    On November 5, 2008, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of November 5, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

    I am not sure if this means that my 485 will be denied shortly...

    This could be a new status message by USCIS when 140 is withdrawn by employer. If I am not worng, the notice that they mailed out, will gop to employer and not you.

    Call customer service to know about ur 485. I am hoping it will be fine as you filed for ac21


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  • chanduv23
    11-06 05:10 PM
    Sorry to hear that. Hope that will not effect your I-485 application processing.

    For me, I have not seen any status change to my 140. After a series of LUDs to both 485 and 140 at last today I see my 485 status has changed. It says RFE sent. Good that I have not received any NOID or Denial. This is the best case scenario that I was hoping for. I have yet to receive the RFE to see the actual cause. But hoping this is due to 140 withdrawal. I thank the IO who is working on my case as he/she is quite knowledgeable and issued a RFE not NOID or denial.

    So people please keep sending letters.

    Well this is what I understand - difference between RFE and NOID
    If it is an RFE - you can withdraw your 485 petition and apply for a new 485 petition (if you are current) and that is not possible in NOID. So if you are retrogressed - it is almost the same.

    Also remember that technically both are same - some IOs update status message to "Request sent ..." some do not. When I got to know something happened to my 140 and 485 I called customer service and they explained that "We have sent letter requesting information, so please do not panic" when I received the letter it was NOID.

    Good luck, atleast you got a good IO.

    Lets keep sending letters until we stop seeing denials and start seeing posts like this

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  • funny
    09-15 04:20 PM
    having efax will increase the participation for sure..


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  • indianabacklog
    06-15 04:04 PM
    Does the A# belong to primary applicant or it can be written in Spouse Application too ?
    Should only be put in the primary applicants !485. The spouse will have one on their receipt notice. The fingerprint appointment will use this number as an identifier.

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  • Canadian_Dream
    11-25 05:49 PM
    As a hypothetical example (because vehicle prices always depreciate, so please ignore the reality), let's say you bought that Gas guzzling SUV at 50k and now suddenly after 2 years, due to whatever reason, you go and try to sell the same SUV to the same dealer and he quotes you 5k. Wouldn't you fault that dealer for selling you the same thing at 50k when the actual value of the same asset 2 year back was 5k (but he sold you at 50k and you have only paid back 10k in monthly installments until now). Who is to blame for that 35k deficit? You? Forget the monthly payments here and concentrate on the actual asset value.

    You forgot that dealer is also making 5K for the SUV that he bought from manufacturer for $50,000. In the end everyone lost 35K. So dealer will loose multiples 35K based on how many SUV he has in his inventory. You might suggest he should go to the manufacturer ?
    What you are saying is unprecedented, it has never happened I don't know why are you so convince that it someone else's fault. You are living with a very simplistic and naive idea about the world and you are convinced that's the way of life. Not only that, you are trying to convince others of that. From what I know and seen what you suggest doesn't work and refusal to accept a problem only deepens it.

    Peace :)


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  • gveerab
    08-21 11:58 AM
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  • camarasa
    07-09 07:22 PM
    We should send emails to Jon Stewart, Stephen Colbert, Jay Leno, David Letterman, Conan O'Brian, Jimmy Kimmel etc.

    They have tremendous amount of viewership and seems like a perfect material for these shows. I will send email to these guys but if more and more peple can make them aware of this development, this news can potentially snowball. :D
    Leave the late night comedians out of it.
    Who do you think they will poke fun at? USCIS, Emilio Gonzalez or the people spending thousands of dollars on flowers that wont even reach the office of the intended recipient?


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  • ndialani
    10-27 03:45 AM
    I have two approved I-140 (NIW/TSC 06/2006 and EB1A/NSC 07/2009) and a
    pending I-485/TSC from 2007. I went infopass two weeks ago, and was told
    that my I-485 was pre-adjudicated and assigned to IO on 08/2009. The
    infopass officer kindly sent an e-mail to my IO requesting for update.
    Yesterday, I received a letter saying "We are actively processing this case.
    However, we have to perform additional review on this case and this has
    caused a longer processing time. If you do not receive a decision or other
    notice of action from us within 6 months of this letter, please call
    customer service at the number provided below."

    Does anyone received a similar letter? Is it just some letter or some problem
    with my case. I have been in this country for 11 years, used up all 6 years
    of H1b, renewed EAD three times, and tried service request, called IO, wrote
    to Senators/first lady. Not sure what else I can do...

    Same Here !
    I got 6 months wait letter too. My wife (Dependent) for 60 days letter.
    EB2/TSC .
    I m lost as well!!!
    i filled up #7001 form and also E.mailed a follow up letter today.

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  • indio0617
    07-09 06:39 PM
    This is perfect. It will drag more media attention!!!

    Yes Guys. Keep it up. The message will be LOUD and CLEAR now. Make sure that all of you communicate this to the media, whoever you talk to.


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  • ezee
    08-16 12:30 PM
    I got the CPO email today for both my wife and I.

    Here is my info:

    PD - Oct, 2005
    Sent email to followup address on 8/6 (no response yet), sent again to scopsscata address on 8/13
    Asked my congressman to inquire on 8/12
    Opened SR on 8/13
    Got CPO email on 8/16 (Happy Independence Day!!! Well I am sure they wanted to present this gift on 8/15, but what could they do, it was a Sunday!)

    Hope and pray that the rest of the people waiting get their approvals soon!

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  • fatjoe
    10-26 03:57 PM
    Alright, Congrats Caliguy!!!
    I guess the emails and updates are sent by some kind of batch processing system. I got the email at 5:15 am, do you think that uscis guys would work that early...., duh....
    So cool down, you will get email soon.
    If you are doubtful, call uscis one more time, and confirm that your case is approved.

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  • RAJ_MD
    05-21 07:59 PM

    With the June visa bulletin, my priority date became current. My Labor and 140 already approved. When can I apply for I485? After May 31 or before May 31.

    Thanks for your help.


    11-18 12:12 PM
    really good news that they are paying attention to this issue..

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