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  • subh21
    01-14 04:46 PM
    Does anyone know to what address USCIS mails the AP. Is it the lawyer's office or is it the home address?

    I am planning to move and information on this will be very helpful. Thanks!

    I have a similar question -- the USCIS site says document mailed on Dec 26th, but I am yet to receive it. I have not heard from the Lawyers either. USCIS mailed the receipt to the lawyers but EAD to our home, what's the deal with AP - home or lawyers?




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  • pappu
    08-06 11:17 AM
    I checked with IV core and few attorneys regarding this issue. You will need the consent of the employer since we are dealing with I-140 petition. Please speak to your HR and try convincing them to support you. We are not asking USCIS to expedite our cases. All we are asking is follow the FIFO and process cases in an orderly manner.

    Please do not be afraid of approaching your HR for help.

    You are working for the company and helping the company grow and HR should support you in immigration matters.
    Support from employers will go a long way in making your cases strong, whether it is writing to USCIS or lawmakers.




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  • mrjonie
    01-04 09:32 AM
    yes, try calling the 1800 number and go to the address change, there you will be able to talk to the IO and they will ask you what issue you have (they will not ask for address change)..you can explain your scenario to him/her.

    they will collect your information and send a request to the corresponding SC to process faster...




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  • anilnag
    02-23 02:09 PM
    At NSC I am seeing the following entry

    -----
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
    -----

    What does 4 months mean?

    It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.



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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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  • tcsonly
    11-10 08:37 PM
    Count me in. I am in Pasadena, Los Angeles county.

    C.



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  • eb3_nepa
    07-14 12:52 PM
    An added request, if all those who DID contribute/Are contributing. Can you guys please update your signatures with a link back to this thread. (http://immigrationvoice.org/forum/showthread.php?t=20183)




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  • diptam
    08-11 03:05 PM
    Hey,
    Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?

    Because the Link for 7001 doesn't talk about sending a separate cover letter.

    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Thanks,
    Diptam

    Wondering how many members who answered in the poll that they are victims of slow processing actually got to participate and join in this campaign. People who mailed out letters & DHS Form 7001, please post so that we can motivate others to join this campaign.



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  • chanduv23
    11-21 04:53 PM
    But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?

    Well once the h1b extension is granted - it is not retreated. It means that the person is in h1b status till the h1b expires (My understanding)

    Now if 485 is denied when your h1b expiration's last day - then yes you are definitely out of all statuses

    Such a thing is rare because person either files for h1b extension well before h1b expires or atleast decided he will use EAD

    Issues will arise when h1b has to be extended and person is running out of time on existing h1b and the 140 revoke /485 denial happens (like say few weeks only because person was lazy to file h1b extension atleast 180 days before its expiry and decided to not use premium processing and h1b extension is pending)




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  • abhaykul
    04-25 08:57 AM
    We should take up this point when we talk/write to lawmakers and media. What does the core team think ?



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  • ItIsNotFunny
    09-17 05:27 AM
    I have done some ground work and am planning to start a company this week - my wife as owner. I have couple of other friends who have filed 485 in June.

    My goal for first couple of years is not to make profit but to increase turnover so it would be easier for me to present the company to big corporations and register as preferred vendor. I am planning to pay 96% of the rate to the employee. This way employee will get most of his / her rate without getting into opening their own corporation. At present I am working with attorney to finalize agreement with employee for this.




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  • eb3_nepa
    03-09 11:59 AM
    Ragz,

    So basically have they discussed ANYTHING regarding LEGAL immigrants and relief to them? :)



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  • jay
    07-07 12:40 AM
    Can Patton Boggs do better? Haven't we had more legislative success, I mean traction, when we partnered with Quinn Gillespie? Are we receiving sound advice on which of our grievances require legislative action and which ones can be redressed by a mere change in policy on the part of the executive? It looks like most of our current problems were not ushered in by any new law, but rather by a stroke of a pen in a memo by the incompetent and indifferent INS, USCIS, DOL and the State Department. No change in law was needed to make then deny us concurrent filing in Oct 2005 and allow it in July 2007. No change in law was required to deny us visa revalidation. One could argue that no change in law is required to belatedly use unused visas from the previous years. The list goes on. It should be easier to lobby a handful of buffoons in the executive branch with real power than 500+ buffoons on Capitol Hill. Has Patton Boggs served us well?




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  • pdakwala
    03-08 01:07 PM
    Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration



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  • ps57002
    09-01 09:40 PM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...




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  • fromnaija
    06-01 03:18 PM
    That means your son is also able to file 485, right? In that case he will not age out once an AOS is submitted for him. I am assuming your 140 will be approved before he turns 21.

    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...



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  • insbaby
    08-13 03:58 PM
    We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!

    Yes. It may help, but EB3 is not the one who is going to get any piece out of it, as EB2 is increasing in huge amount. Even if it is CURRENT for 10 years, thats not going to help anyone below that level as everyone will qualify for EB2 in future, almost all the future candidates will have minimum of 5 years experience.


    1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any
    motivation to our career.

    Well, if one decided to continue the process of waiting, there won't be any career to talk about at the end.


    2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!

    Not possible for all to go to EB2 as most of the companies hesitate to spend huge amount again and same is applicable to the individual too. It may not be worth at the end to spend another 5K on this. Well said, we should then fight with our own friends (because they may not like us to get the Lion's share) before going to DOS and USCIS.


    3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...

    I am waking up from 'abroad' dream. The real dream in front is "Home", without any issue that works for me.




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  • bazuka6
    09-13 06:26 PM
    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.


    Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality


    - $ 50 monthly to IV since June 2006




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  • paskal
    12-18 05:43 PM
    what will be will be

    let's not lack in our efforts though

    there are two campaigns underway:

    add a member and
    contribute at least $20
    by Dec 31

    funds and members...are the key to our success
    please join us in both campaigns
    Thanks!




    ronhira
    05-06 12:58 PM
    just found this online ni one of the articles

    Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.




    chanduv23
    11-08 03:07 PM
    Gurus,

    I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.

    1. Will this immediately cancel my EAD? if so, I may have to resign.
    2. If I continue working while filling for MTR, will it be illegal?
    3. How much it costs to go thru' MTR process? How long it takes?

    I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?

    see my blog http://immigrationvoice.org/forum/blog.php?b=12



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