NKR
09-11 05:06 PM
count me in guys...lets get the ball rolling... its go time.
Few big question we need answer tow
1) Why is there no forward movement of dates if there is visa was available from this year/quarter's quota... what is up with retrogression?
2) If visas were unavailable, why was the fucking date advanced to Sept 2006?
4) Why was FIFO not followed during adjudication?
3) How the Fuck long do they need to determine the backlog ..? we need USCIS to publish the backlog stats. Without that visa bulletins are pointless?
Enough bullshit.. as some user suggested here .. we should just raise stink and ask for their resignation
All the 485 cases filed are i their system, it s simple fucking sql query .. or a join at the best ... a blind monkey with hair on its breast could find an aswer to that question in a few mins.
To answer your 2nd and 3rd question, I think there is something's fishy. it was as if like they made a temporary advancement in dates to favor a few later applications. I am sorry, i am just trying to find the reason behind this madness...
Few big question we need answer tow
1) Why is there no forward movement of dates if there is visa was available from this year/quarter's quota... what is up with retrogression?
2) If visas were unavailable, why was the fucking date advanced to Sept 2006?
4) Why was FIFO not followed during adjudication?
3) How the Fuck long do they need to determine the backlog ..? we need USCIS to publish the backlog stats. Without that visa bulletins are pointless?
Enough bullshit.. as some user suggested here .. we should just raise stink and ask for their resignation
All the 485 cases filed are i their system, it s simple fucking sql query .. or a join at the best ... a blind monkey with hair on its breast could find an aswer to that question in a few mins.
To answer your 2nd and 3rd question, I think there is something's fishy. it was as if like they made a temporary advancement in dates to favor a few later applications. I am sorry, i am just trying to find the reason behind this madness...
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santb1975
06-09 01:40 PM
Can you?
We can also ask some big companies like Microsoft who back legal immigration extensively to help us financially right?
just my 2 cents
We can also ask some big companies like Microsoft who back legal immigration extensively to help us financially right?
just my 2 cents
deecha
07-21 08:09 PM
First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
Please see one of the replies I have above in response to another post. You employer could not pay you, but it is not your fault. If a RFE comes up, you can file affidavits to that effect. You have to consult a good lawyer.
If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.
HTH
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
Please see one of the replies I have above in response to another post. You employer could not pay you, but it is not your fault. If a RFE comes up, you can file affidavits to that effect. You have to consult a good lawyer.
If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.
HTH
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eb3_nepa
08-14 12:50 PM
Does LUD on I 140 necessarily tie to 485 receipt generation? I don't think so - why would they touch the already approved I 140 case to begin processing 485? Unless I am missing something...
My I 140 has been approved in Feb 07 from TSC and 485 application was mailed to NSC on July 2nd. No LUD on 140 and no 485 receipts yet...
My BELIEF is that these LUD updates are for NSC filers whose I-140s have been approved at TSC. This is my belief based on certain recent receipt notices so pls DONT take this as the gospel truth.
As with everyone, I am trying to figure out if there is a Method to the USCIS madness.
My I 140 has been approved in Feb 07 from TSC and 485 application was mailed to NSC on July 2nd. No LUD on 140 and no 485 receipts yet...
My BELIEF is that these LUD updates are for NSC filers whose I-140s have been approved at TSC. This is my belief based on certain recent receipt notices so pls DONT take this as the gospel truth.
As with everyone, I am trying to figure out if there is a Method to the USCIS madness.
more...
vxg
08-18 11:44 AM
jsb,
Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.
The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).
That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).
Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...
That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.
I can tell you this that i talked to representative at TEXAS SERVICE CENTER (TSC) and he flat out told me that the RD of my case is Oct 10, 2007 however the receipts i have state a RD of Aug 3rd, 2007 with ND of Oct 10, 2007. I asked the TSC rep about this and she kept saying the date keyed in our system is Oct 10, 2007 and that is the date we go by.
I have asked my lawyer to send a formal query and have also sent email to TSC after talking to National Service center as NSC recommended me to send a letter to TSC. My lawyer believes they will honor Aug 3rd but if i do not hear anything i will take INFOPASS and drill it down.
Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.
The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).
That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).
Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...
That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.
I can tell you this that i talked to representative at TEXAS SERVICE CENTER (TSC) and he flat out told me that the RD of my case is Oct 10, 2007 however the receipts i have state a RD of Aug 3rd, 2007 with ND of Oct 10, 2007. I asked the TSC rep about this and she kept saying the date keyed in our system is Oct 10, 2007 and that is the date we go by.
I have asked my lawyer to send a formal query and have also sent email to TSC after talking to National Service center as NSC recommended me to send a letter to TSC. My lawyer believes they will honor Aug 3rd but if i do not hear anything i will take INFOPASS and drill it down.
dwhuser
08-12 02:30 PM
Thus, as curent processing times are at August 23, 2007, dwhuser case file is yet to be opened. Since file is not yet opened, no one yet knows his/her PD (it is nowhere other than on paper files). So the case waits - his/her PD may get current and pass.
Why so? Because USCIS prime systems are not designed for huge volumes, or PD's so much in the waiting.
That's exactly what I thought.....huh.....the wait still goes on.....
Coming to the Infopass....I'll have to drive 5 hrs to go to the nearest office and a loss of pay leave for a couple of days. Not sure if it's worth the hastle :)
Why so? Because USCIS prime systems are not designed for huge volumes, or PD's so much in the waiting.
That's exactly what I thought.....huh.....the wait still goes on.....
Coming to the Infopass....I'll have to drive 5 hrs to go to the nearest office and a loss of pay leave for a couple of days. Not sure if it's worth the hastle :)
more...
Macaca
02-04 06:50 PM
Who can sue them? A non-US citizen? An organization?
A US Citizen can ask for a PIL??
USCIS gives a rats ass to US citizens. I know cases where they have told US citizens (caucasians) to f*ck off. They have changed their tone these days but the message is the same. I saw a posting at some US web site that politely asks US citizens to f*ck off.
Any one can sue them. The question is : what will you get? What did Khanna get?
A US Citizen can ask for a PIL??
USCIS gives a rats ass to US citizens. I know cases where they have told US citizens (caucasians) to f*ck off. They have changed their tone these days but the message is the same. I saw a posting at some US web site that politely asks US citizens to f*ck off.
Any one can sue them. The question is : what will you get? What did Khanna get?
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pras
12-07 06:26 AM
I have a problem. in the given name, the middle name is entered first and the first name is entered after the middle name in the passport
(Given name: <middle name><first name>).
so while applying for the visa, they ask for first and middle names (as present in the passport)
Do I need to give the name as it is typed in the passport or can I give first name and then give middle name. Will there be any problem by rearranging the given name in the visa application?
Will it create a problem while getting social security number?? should I change the name in the passport? please suggest me....what should I do?
(Given name: <middle name><first name>).
so while applying for the visa, they ask for first and middle names (as present in the passport)
Do I need to give the name as it is typed in the passport or can I give first name and then give middle name. Will there be any problem by rearranging the given name in the visa application?
Will it create a problem while getting social security number?? should I change the name in the passport? please suggest me....what should I do?
more...
qasleuth
02-27 04:19 PM
Hi friends,
No doubt this is a great idea and also as newbie2020 suggests no point of wasting time and loosing the current tempo and massive support of IV members on this regard.
Would like to request all, is it possible to change the bridge schedule a bit to 9.00 or 9.30 PM EST so that it would be easier to participate for people who are in Pacific Time Zone? If most people have difficulty in doing that, lets move forward with the current schedule.
Please update.....
-Immi_Chant
Sounds reasonable. Newbie2020 and others, does 9:00 PM EST sound ok to you guys ? We can cut down the call to about 45 mins to enable early risers to get to bed.
No doubt this is a great idea and also as newbie2020 suggests no point of wasting time and loosing the current tempo and massive support of IV members on this regard.
Would like to request all, is it possible to change the bridge schedule a bit to 9.00 or 9.30 PM EST so that it would be easier to participate for people who are in Pacific Time Zone? If most people have difficulty in doing that, lets move forward with the current schedule.
Please update.....
-Immi_Chant
Sounds reasonable. Newbie2020 and others, does 9:00 PM EST sound ok to you guys ? We can cut down the call to about 45 mins to enable early risers to get to bed.
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sweet_jungle
09-05 04:26 PM
All people affected by USCIS blocking approvals for current people, lets get organized.
This time USCIS is hiding by not making official announcements.
We need to act as we did last July.
Lets send letters to congressman like zoe lofgren.
NSC is issuing frivolous RFEs as delaying tactics.
I am not seeing similar outrage as we saw last year.
The time to act is now.
This time USCIS is hiding by not making official announcements.
We need to act as we did last July.
Lets send letters to congressman like zoe lofgren.
NSC is issuing frivolous RFEs as delaying tactics.
I am not seeing similar outrage as we saw last year.
The time to act is now.
more...
wandmaker
08-26 02:27 PM
The Receipt date is the date when they actually receive our case in a Service Center. Notice date is when it got entered into the system. I-485 Notice shows both the RD and ND. RD should be August 17 for most of us, whose cases were transferred to various Service Centers. Online status shows the ND. The only confusion here is what do they go by(may be USCIS it self not sure how to prioritize - whether on ND or RD).
Strictly speaking, if they go by ND and if the ND is after Aug-17 we may not be eligible for GC, as our(July/Aug 07 batch) cut-off dates is august-17-2007. This is what I was told by DAO when I attended the interview at the local USCIS office.
As mentioned earlier, USCIS suppose to process by the RD (ie. the date they received in the service center mail room) - but the fact is, they are going by the ND (i.e. the date they entered the case into the system).
Strictly speaking, if they go by ND and if the ND is after Aug-17 we may not be eligible for GC, as our(July/Aug 07 batch) cut-off dates is august-17-2007. This is what I was told by DAO when I attended the interview at the local USCIS office.
As mentioned earlier, USCIS suppose to process by the RD (ie. the date they received in the service center mail room) - but the fact is, they are going by the ND (i.e. the date they entered the case into the system).
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sabhayk
04-30 09:52 AM
Guys,
I applied that way. I had to take the letter of completion from the school. Luckily I had a research credit to which I got a grade for and it completed my degree requirements. So I got the letter from the school as my lawyer said that I could not file for H1B Masters cap otherwise.
They had filed me for the 65000 regular cap before but they told me that I could apply for the Masters cap only if I have the letter, I got it from the school.
But there is a catch here. Due to all this I have two different dates on my OPT and H1b for finishing up the requirements and hence my OPT is bound to get rejected I think since it would be saying that I graduate in May and my H1B would say that I finished in April.
Trying to figure out if there is a way to stay here in US without having OPT. or else go back and get the visa stamped.
I applied that way. I had to take the letter of completion from the school. Luckily I had a research credit to which I got a grade for and it completed my degree requirements. So I got the letter from the school as my lawyer said that I could not file for H1B Masters cap otherwise.
They had filed me for the 65000 regular cap before but they told me that I could apply for the Masters cap only if I have the letter, I got it from the school.
But there is a catch here. Due to all this I have two different dates on my OPT and H1b for finishing up the requirements and hence my OPT is bound to get rejected I think since it would be saying that I graduate in May and my H1B would say that I finished in April.
Trying to figure out if there is a way to stay here in US without having OPT. or else go back and get the visa stamped.
more...
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javadeveloper
07-20 02:33 PM
Thanks Deecha for your time and comments!
JD
JD
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freedom2007
03-24 07:50 AM
Hi
Im going to India on vacation for 2 months. I could not get my passport corrected in US as I need to travel to India in a week.
What is the procedure in India for getting this corrected ? Would i need the Newspaper clipping from Local US newspaper here..? I was not sure of this. Please help me.
Im going to India on vacation for 2 months. I could not get my passport corrected in US as I need to travel to India in a week.
What is the procedure in India for getting this corrected ? Would i need the Newspaper clipping from Local US newspaper here..? I was not sure of this. Please help me.
more...
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masala dosa
04-20 11:18 AM
1) We got a spike in new membership and funds
2) We now have atleast 2 more NATIONAL publications who have taken notice of our activities and are more sympathetic to our causes. They feel we have a compelling story and they are interested in publishing about our plight...
In fact two IV members are being interviewed today by a leading publication.
and the most important
3) We got additional material to provide to senators and their staff...this really helps as we do not have to establish ourselves....our stories along with newspaper articles help make our case much stronger....
When we initially started meeting senators, their staff would ask QGA 'Immigration Voice, who or what is that?'
Lately when we go to meet them, most of the staff have already visited our sites multiple times, know about us because of phone calls and faxes by members and ofcourse the articles that have been published....on top of this when we provide stories of members from their constituency, 50% of our work is already achieved....the liason team and QGA take over from there.
So to answer your question, yes it helped a lot
Ragz
Can you publish more stories.... Thanks
2) We now have atleast 2 more NATIONAL publications who have taken notice of our activities and are more sympathetic to our causes. They feel we have a compelling story and they are interested in publishing about our plight...
In fact two IV members are being interviewed today by a leading publication.
and the most important
3) We got additional material to provide to senators and their staff...this really helps as we do not have to establish ourselves....our stories along with newspaper articles help make our case much stronger....
When we initially started meeting senators, their staff would ask QGA 'Immigration Voice, who or what is that?'
Lately when we go to meet them, most of the staff have already visited our sites multiple times, know about us because of phone calls and faxes by members and ofcourse the articles that have been published....on top of this when we provide stories of members from their constituency, 50% of our work is already achieved....the liason team and QGA take over from there.
So to answer your question, yes it helped a lot
Ragz
Can you publish more stories.... Thanks
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msp1976
02-04 12:53 PM
So please take a crack at how it works. Above posting is right from the horses mouth. As I challenged people if they think DOS/USCIS is breaking the law by going vertical instead of horizontal then they should contact them or sue them. However, no one has been willing to do this.
In my opinion by 'Using the unused EB2 visa for EB3 ROW instead of EB2 India', USCIS is following the law as congress pased it...The law may be not fair but that is a different issue...If you want to change the law you have to get that done from the congress...suing USCIS would get you nowhere....
In fact USCIS could do anything they want...They can let it flow vertically or horizontally...And they would have a good enough case in courts...
In my opinion by 'Using the unused EB2 visa for EB3 ROW instead of EB2 India', USCIS is following the law as congress pased it...The law may be not fair but that is a different issue...If you want to change the law you have to get that done from the congress...suing USCIS would get you nowhere....
In fact USCIS could do anything they want...They can let it flow vertically or horizontally...And they would have a good enough case in courts...
more...
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waitnwatch
04-12 03:14 PM
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nk2
07-17 09:21 PM
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akhilmahajan
03-09 12:19 PM
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GCNirvana007
08-17 11:03 PM
jsb,
Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.
The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).
That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).
Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...
That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.
RD - August 16th 2007 - TSC processing - August 30th 2007
PD - Dec 2004 EB2
Hopefully 3rd time lucky eh
Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.
The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).
That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).
Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...
That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.
RD - August 16th 2007 - TSC processing - August 30th 2007
PD - Dec 2004 EB2
Hopefully 3rd time lucky eh
santb1975
11-16 01:59 PM
I still made a one time 100$ Holiday contribution. Please Join this effort.
Thanks
Santhi
Thanks
Santhi
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